Cary Town Council Meeting Minutes

Thursday, July 28, 2005

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

Web Site:  www.townofcary.org  

(Due to the length of these minutes, please click on the appropriate links to see actual text of particular items.)

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Julie Robison and Nels Roseland; Jennifer Robinson arrived late, and her arrival time is noted in the minutes

A.   COMMENCEMENT (click here for full text of agenda item A.)

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Removed item B.3.g. from this agenda since the issue was settled and required no council action; agreed to handle item G.1.a. earlier in the meeting; approved the amended agenda)

B.   CONSENT AGENDA

1.   Regular Consent Agenda (click here for full text of agenda item B.1.)

a.   Consideration of approval of the minutes of the regular town council meeting held on June 23, 2005; the minutes of the budget work session held on June 23, 2005; and the minutes of the solid waste collection work session held on July 19, 2005. (Approved)

b.   Consideration of approval of the tax report adopted by the Wake County Commissioners on June 8, 2005. (Approved)

c.   Consideration of appointment of Ginger Hayes to the Public Art Advisory Board to fill an unexpired term and extension of the term expiration date to February 1, 2009. (Approved)

d.   Consideration of appointment of Patricia Hudson to the Public Art Advisory Board to fill an unexpired term and extension of the term expiration date to February 1, 2009. (Approved)

e.   Consideration of appointment of Marvin Maddox to the Sister Cities Commission to fill an unexpired term that expires on February 1, 2009. (Approved)

f.    Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings to be conducted on August 25, 2005 for the following annexation petitions.

(1)  05-A-11: The property contains 0.76 acre, is located at 8313 and 8317 Stephenson Road, and is owned by John and Kim Summers. There is no associated rezoning case or development plan. (Approved)

(2)  05-A-12: The property contains 202.87 acres, is located at 0 Green Level to Durham Road and  9320 Green Level Church Road, and is owned by MI Homes. The associated development plan is 05-SP-070 (Gabel Farms). (Approved)

(3)  05-A-13: The property contains 2.27 acres, is located at 100 Bayoak Drive, and is owned by Weatherstone Limited Partnership. There is no associated rezoning case or development plan. (Approved)

(4)  05-A-14: The property contains 87.10 acres, is located at 0 Tryon Road, 6096 Tryon Road, 0 Walnut Street, 2706 Walnut Street, and 2617 Walnut Street, and is owned by Midland Tryon, LLC, Carlton and Cora Ashby, and Woodfield Investments, LLC. The associated development plan is 05-SP-056 and 05-SP-079 (Tryon Village). (Approved)

2.   Land Development Consent Agenda (click here for full text of agenda item B.2.)

a.   Rezoning 05-REZ-05 (Dellinger Planned Development Amendment)
Property is located north of Dillard Drive between Piney Plains Road and Meeting Street and contains 32.17 acres. The request proposes to eliminate building setbacks and streetscape buffers, and includes a statement to ensure compliance with Cary’s Activity Center Design Guidelines. Staff and the Planning and Zoning Board recommend unanimous approval of this item. (Approved)

b.   Site Plan 05-SP-044 (Frantz Automotive Service Center)
The plan proposes the addition of a one-story customer waiting room to the front of the existing building, the addition of a one-story two-bay garage building to the rear of the existing building, the renovation of the existing front building elevation, the installation of sidewalk, and the dedication of 2.5 feet of right-of-way along the property frontage. The amount of parking required and proposed is 34 spaces. Staff and the Town Center Review Commission recommend unanimous approval, including the following variances: (1) that sidewalk be located back of curb along the roadway frontage of the site; (2) that a variable width travel aisle (23’ to 18’) be allowed within the western parking lot; and (3) that an offset alignment of the western drive/on-site travel aisle be retained. (Approved)  

3.   Operations Committee, July 6, 2005 (click here for full text of agenda item B.3.)

a.      Cary Signal System – Supplemental NCDOT Municipal Agreement (EN06-001)
Committee unanimously recommended approval of a revision to the NCDOT Municipal Agreement related to Cary’s traffic signal system.  (Approved)

b.      Recognition of Additional Developer Funding for Davis Drive Widening (EN06-002)
Committee unanimously recommended that a payment of $3,652 from the developers of Morrisville Market and a payment of $12,510 from the developers of Davis Commons be recognized and appropriated to the Davis Drive Widening Project (ST1047).  (Approved)

c.      Conveyance of Easements to Progress Energy (EN06-003)
Committee unanimously recommended approval of a request by Progress Energy for easements on Town-owned property.  (Approved)

d.      Bid Award – 2005 Traffic Signal Construction Projects (EN06-004)
Committee unanimously recommended bid award for the construction of traffic signal improvements and new traffic signals at six intersections in Cary to low bidder Fulcher Electric of Fayetteville for $196,330.16.  (Approved)

e.      Bid Award – NC 54/Chapel Hill Road and NE. Maynard Road Left Turn Lane Widening Construction Projects (EN06-006)
Committee unanimously recommended bid award for the construction of the NC 54/Chapel Hill Road Widening and NE Maynard Road left turn lane to low bidder REA Contracting, LLC for $3,941,960.12.  (Approved)

f.       Bid Award – 2005 Street Improvements Project (EN06-008)
Committee unanimously recommended bid award for the construction of the 2005 Street Improvements Project to low bidder Asphalt Experts, Inc. for $494,700. (Approved)  

g.      Condemnation Resolution on Behalf of Progress Energy (EN06-009)
Committee unanimously recommended approval of a request to initiate condemnation proceedings to secure an easement for Progress Energy.  (Removed from agenda; item was settled and required no council action)

h.      K-9 Unit (PD05-012)
Committee unanimously recommended approval of ordinance amendments relating to the legitimate use of the police canine.  (Approved)

i.       Sidewalk Request Policy Amendment (PL05-042)
Committee unanimously recommended approval of an amendment to the sidewalk request policy (Policy Statement 135) to reduce average daily traffic and pedestrian use ratings for sidewalk projects on streets with existing pedestrian facilities on one side of the road.  (Approved)

j.       Agreement for Ownership and Operation of Western Wake Regional Wastewater Management Facilities (PWUT06-001)
Committee unanimously recommended approval of the Agreement Between Apex, Cary, Holly Springs and Morrisville for Design, Construction, Ownership, Management, and Operation of the Western Wake Regional Wastewater Management Facilities.  (Approved)

k.      Additional Funding Request and Construction Bid Award for Fire Station 7 (FD06-001)
Committee unanimously recommended: 1) rejection of the bid received from Stredvey Construction Company due to a defective bid bond; 2) bid award for the construction of Fire Station 7 to Centurion Construction Co. for $3,710,397 including Bid Alternates 1 and 2; 3) an appropriation of $1,109,802 from General Fund fund balance to the Fire Station 7 Project (FR1007); and 4) appropriation of $505,000 from Utility Capital Reserve sewer development fee fund balance to a new sewer project for offsite sewer improvements.  (Approved)

4.   Planning and Development Committee, July 14, 2005 (click here for full text of agenda item B.4.)

a.   Bullock Property Subdivision: Request for Waiver of Connection to Princess Anne Road (EN06-010)
Committee unanimously recommended 1) waiving the requirement to connect Duxbury Drive to Princess Anne Road and 2) requiring that Duxbury Drive be stubbed to the west just east of the stream with right-of-way dedication all the way to Princess Anne Road to allow the Town to make the connection in the future if traffic congestion makes it necessary. (Approved committee recommendation)  

b.   Comprehensive Transportation Plan Amendments (PL05-038)
Committee unanimously recommended conducting a Town Council public hearing on August 25, 2005 and a Planning and Zoning Board public hearing on September 19, 2005 on amendments to the Comprehensive Transportation Plan.  (Approved to conduct a public hearing on August 25, 2005)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS (click here for full text of agenda item C.)

1.   Recognition of Kimberly Baker, Wastewater System Worker II, as the recipient of the H.W. Kueffner Award. (Recognized)

2.   Recognition of the Town of Cary’s designation by the League of American Bicyclists as a Bicycle Friendly Community at the bronze level. (Recognized)

3.   Recognition of Mary Henderson, Director of Parks, Recreation and Cultural Resources, as the recipient of the John B. Ross, Jr. Leadership Award. (Recognized)

D.   PUBLIC HEARINGS (click here for full text of agenda item D.)

1.   Activity Center Concept Plan 05-AC-004 / Land Use Plan Amendment 05-LPA-04 (Wrennwood)
Property is located in the southwest corner of the intersection of Kildaire Farm Road  and Wrenn Drive and contains 5.37 acres. The plan will provide a pharmacy containing approximately 14,820 square feet and another 26,000 square feet of general retail development. The current land use plan designation is High Density Residential; the proposed land use plan designation is Commercial. The council continued the public hearing from the June 9, 2005 council meeting. The applicant has submitted a letter requesting another continuance to the August 11, 2005 council meeting. Council may continue this public hearing to the August 11, 2005 council meeting. (Continued public hearing to the 8/11/2005 council meeting)

2.   Rezoning 05-REZ-13 (Macedonia Village Planned Development District Amendment)
The property is located approximately 2,300 feet northwest of the intersection of Walnut Street and Tryon Road and contains 7.55 acres. The request is to amend the current zoning conditions to eliminate the language limiting Tract C to age restricted housing only and to eliminate the language pertaining to the north-south collector road. The council continued the public hearing from the June 9, 2005 council meeting. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to 8/15/2005 Planning & Zoning Board meeting)

3.   Comprehensive Plan Amendment for the area known as Carpenter, 05-LPA-06
Consideration of a proposal by the Town of Cary to amend Cary’s long-range Comprehensive Plan for the Carpenter area, covering an area of approximately 499 acres in the vicinity of the Morrisville Carpenter Road and Carpenter Upchurch Road intersection. The proposed Carpenter Community Plan includes an area that is approximately bounded by N.C. Highway 55 in the west and Louis Stephens Drive and Koppers Road in the east, and from approximately Morrisville Parkway in the south to the future McCrimmon Parkway extension in the north. The proposed Plan includes recommendations for future land uses, roadways, parks, and greenways. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to 8/15/2005 Planning & Zoning Board meeting)

4.   Rezoning 05-REZ-16 (Hatcher/Carpenter Planned Development District)
The property is located 300 feet east of Carpenter Upchurch Road, south of April Bloom Lane, and west of the Carpenter Village Planned Development District. The request is to amend the zoning from Residential 40 (R-40) to Planned Development District (PDD) Major on a 23.6 acre tract.  The proposed development includes single family detached residential uses, mixed residential uses, and mixed residential, office, and commercial uses. Council may forward this to the August 15, 2005 Planning and Zoning Board meeting. (Forwarded to 8/15/2005 Planning & Zoning Board meeting)

5.   Rezoning 05-REZ-20 / Land Plan Amendment 05-LPA-08 (Highcroft Village Planned Development District)
The property is located north and south of Green Hope School Road, approximately 420 feet west of the intersection of N.C. Highway 55 and Green Hope School Road. The request is to rezone property from Residential-40 (R-40) to Planned Development District (PDD) and to delete the PDD from the proposed Morrisville Parkway and NC Highway 55 Neighborhood Activity Center identified on Cary’s Land Use Plan.  The proposed PDD is located within the Southwest Area Plan and the Northwest Area Plan. The Highcroft Village PDD Master Plan would provide single-family development at 2.24 units per acre, or Low Density Residential (LDR) in an area designated for Very Low Density Residential (VLDR), less than 1 unit per acre.  Also, areas currently designated for Mixed Use Development (MXD) are proposed to be changed to Medium Density Residential (MDR).  According to Cary’s Land Use Plan, this proposal would require an amendment to Cary’s Land Use Plan. Council may forward this item to the September 19, 2005 Planning and Zoning Board meeting. (Forwarded to 9/19/2005 Planning & Zoning Board meeting)

6.   Franks Planned Development-Related Public Hearings: Council may forward these items to the September 19, 2005 Planning and Zoning Board meeting.

a.   Rezoning 05-REZ-21 (Franks Planned Development District) AND
05-LPA-09 (Low Density Residential to Commercial and Medium Density Residential)
The purpose of this rezoning is to establish a Planned Development District (PDD) for the southeast quadrant of the intersection of Kildaire Farm Road and Ten Ten Road.  The PDD includes approximately 60 acres for commercial and residential development that is located within the Millpond Village Activity Center.  The PDD document spells out buffers, setbacks, lot sizes and other specific development criteria. The land area covered by the proposed Franks Activity Center Concept Plan currently has a Land Use Plan designation of Low Density Residential.  The request is to amend the Land Use Plan to permit Commercial (COM) and Medium Density Residential (MDR).  (Forwarded to 9/19/2005 Planning & Zoning Board meeting)

b.   Rezoning 05-REZ-22 (Franks Activity Center Overlay District) AND
05-LPA-11 (Expand Millpond Village Neighborhood Activity Center to a Community Activity Center classification)
An Activity Center Overlay District (ACOD) lays the groundwork to approve the associated Activity Center Concept Plan (ACCP).  This is a staff-initiated request.  The Land Development Ordinance requires that ACOD be designated onto a property before an ACCP may be approved. A Land Use Plan amendment is proposed to expand the Millpond Village Neighborhood Activity Center to a Community Activity Center classification. (Forwarded to 9/19/2005 Planning & Zoning Board meeting)

c.   Activity Center Concept Plan 05-AC-006 (Franks Activity Center Concept Plan)
This Activity Center Concept Plan (ACCP) includes a commercial parcel totaling 9.65 acres, 50 attached residential units on 3.93 acres and 125 single family detached residential units on 22.94 acres. The remainder of the parcel is open space. Activity Centers consist of commercial, office and high density residential uses that are planned as a cohesive whole, clustered in an area usually surrounding a major intersection.  Activity Centers are divided into “quadrants” that divide the Activity Center into sections, generally one on each corner of the intersection.  Each quadrant then has an Activity Center Concept Plan (ACCP) created in conjunction with the property owners to guide development of that section.  (Forwarded to 9/19/2005 Planning & Zoning Board meeting)

7.   Street Name Change
Consideration of renaming “Crash Lane,” a private street located off of Old Raleigh Road, to “Team Hendrick Way.” Council may take action immediately following the public hearing. (Approved)

E.   PUBLIC SPEAKS OUT (click here for full text of agenda item E.)

See official minutes

F.   LAND DEVELOPMENT DISCUSSION ITEMS (click here for full text of agenda item F.)

1.   Rezoning 04-REZ-31 (Trinity Ridge)
The property is located south of Old Trinity Road, west of and adjacent to the Thomas Bradshaw Freeway (I-40) and contains 48.87 acres. Current zoning is Residential-40; proposed zoning is Transitional Residential Conditional Use. The council tabled this item at the June 23, 2005 council meeting. Council may vote to remove this item from the table, and after discussion may take action. (Approved)  

2.   Rezoning 05-REZ-04 (Old Maynard Planned Development)
The property is located on the west side of Old Maynard Road, 3800 feet north of the intersection of Morrisville Carpenter Road and Old Maynard Road and contains 40.87 acres. Current zoning is Residential-40; proposed zoning is Planned Development District Major, containing a mix of 151 medium density residential units. Council may take action on this item. (Approved)  

G.   COMMITTEE REPORTS (discussion items) (click here for full text of agenda item G.)

1.   Operations Committee, July 6, 2005

a.   Heritage Pines Speed Hump Request (EN06-007)
Committee recommended approval of the placement of five speed humps on Heritage Pines Drive by a vote of 2 to 1.  Committee Member Dorrel dissented because of concerns that speed humps were not the most appropriate traffic calming device for this location, that installation of traffic humps is premature since traffic patterns will change with the completion of Louis Stephens Drive, and that the average and 85^th percentile traffic speeds of 22 mph and 30 mph were not excessive.  Emmett Waller, a resident located on Heritage Pines Drive, was invited to speak to the committee by Chairperson Robinson and made the points that many walkers use this road, there is considerable traffic at greater than the average and 85^th percentile, that the residents don’t like other traffic calming devices, that there are many driveways on this street, and that the residents did not consider the delay in emergency services to be significant.  Chairperson Robinson noted that standards had changed and that new collector streets would not have driveways. Council may take action on this item. (Approved committee recommendation)

2.   Planning and Development Committee, July 14, 2005 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

a.   Waiver of Rezoning Waiting Period (PL06-001)
Committee unanimously recommended waiving the Land Development Ordinance (LDO) requirement that prevents submission of a revised rezoning application within 12 months for the Lowe’s Planned Development District (PDD) out-parcel. Council may take action on this item. (Approved)

b.   Waiver of Rezoning Waiting Period (PL06-002)
Committee unanimously recommended waiving the Land Development Ordinance (LDO) requirement that prevents submission of a revised rezoning application within 12 months for the Dellinger Planned Development District (PDD). Council may take action on this item. (Approved)

c.   Town Center Civic and Cultural Arts Study (PR06-001)
Committee recommended by a vote of 2 to 1 (Michael Joyce dissenting):
1) contracting with Pfeiffer Partners, Inc. for the Town Center Civic and Cultural Arts Study,
2)  rolling over $75,000 from the Planning Department FY05 Operating Budget to the FY 06 Operating Budget and then transferring this $75,000 to the Cary Elementary Phase I Project (PR1092) which already contains $75,000,
3) renaming the Cary Elementary Phase I project the Town Center Facility/Property Study with a new funding total of $150,000,
4) deleting “evaluate the potential for locating an aquatic facility” from the scope of services, and
5) providing for two council member liaisons to the project.
Council may take action on this item. (Approved; Ms. Dorrel will work with council members on their involvement in this study)

H.   OLD/NEW BUSINESS (click here for full text of agenda item H.)

N/A

I.    CLOSED SESSION (click here for full text of agenda item I.)

Called

J.   ADJOURNMENT (click here for full text of agenda item J.)

9:58 p.m.