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Cary
Town Council
Meeting Minutes
Thursday,
September 8, 2005
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. Click
on the appropriate sections of the 9/8/2005 council meeting agenda format
below to see the full text minutes.)
Present:
Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla
Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison, and Nels Roseland
A.
COMMENCEMENT
1.
Call to Order (Provided)
2.
Ceremonial Opening (Provided)
3.
Adoption of agenda
(Adopted)
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, which is item H
on this agenda)
a.
Consideration of approval of the minutes
of the regular town council meeting held on
August
25, 2005. (Approved)
2.
Land Development Consent Agenda (any
land development consent agenda item pulled for discussion will be
discussed at the beginning of the land development discussion portion of
the agenda, which is item F on this agenda)
a.
Rezoning
05-REZ-15 / Land Plan Amendment 05-LPA-05 (Havensite
Court Planned Development)
The property is located southeast of Havensite Court, approximately
350 feet southeast of the intersection of NW Maynard Road and Havensite
Court and contains 15.69 acres. The current zoning is Industrial; the
proposed zoning is Planned Development; the plan proposes approximately
240 residential multi-family dwelling units. The current land use plan
designation is Industrial; the proposed land use plan designation is High
Density Residential. The staff and
the planning and zoning board unanimously recommend approval.
(Approved)
b.
Activity
Center Concept Plan 05-AC-003
(
Tryon
Plaza
)
Property is located in the southeast quadrant of the intersection of
Tryon Road
and
Holly Springs Road
and contains 2.22 acres. This proposal
establishes an Activity Center Concept Plan for this particular
intersection and will provide 10,400 square feet of commercial and 10,000
square feet of office development. The
staff and the planning and zoning board unanimously recommend approval.
(Approved)
c.
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. The staff and the
planning and zoning board unanimously recommend approval.
(Approved)
d.
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. The staff and the planning and zoning board unanimously recommend
approval. (Approved)
e.
Rezoning
05-REZ-14 (Mills
Property)
The property is located at
7828 Emery Gayle Lane
, which is in the northeast quadrant of the
intersection of
Green Level Church Road
and
Mills Road
. The property contains 61.34 acres. The
current zoning is Residential-40; the proposed zoning is Residential-8
Conditional Use; the plan proposes single-family detached residential
units. The staff and the
planning and zoning board unanimously recommend approval.
(Approved)
3.
Operations Committee, September 7, 2005 (any
committee consent agenda item pulled for discussion will be discussed at
the beginning of the committee discussion portion of the agenda, which is
item G on this agenda)
a.
Consent Agenda
(1)
FY05 Developer Agreement Update and Annual Reimbursements
(EN06-012)
Committee unanimously recommended reimbursements
by the Town in accordance with the Transportation Development Fee
Ordinance and current developer agreements.
(Approved)
(2)
On-Call Engineering Design
and Construction Management Services for Drainage Improvement Projects (EN06-018)
Committee unanimously recommended awarding a
contract for on-call engineering services for the design and construction
management of storm drainage improvements approved under Policy Statements
35 and 146.
(Approved)
(3)
Cary
Signal System – Supplemental NCDOT
Municipal Agreement (EN06-019)
Committee unanimously recommended approval of a revision to the NCDOT
Municipal Agreement.
(Approved)
(4)
Contract Award for
Engineering Design Services to add Opticom Preemption Devices at 33
Locations in
Cary
(EN06-021)
Committee unanimously recommended awarding a
contract for engineering design services to PBS&J.
(Approved)
(5)
Black Creek Watershed (EN06-022)
Committee unanimously recommended supporting the Black Creek
Watershed Assessment, Monitoring, and Restoration Planning Program.
(Approved)
(6)
Interim revisions to the
Standard Specifications and Details Manual (EN06-025)
Committee unanimously recommended interim
revisions to the Standard Specifications and Details Manual.
(Approved)
(7)
Bid Award for Cary Parkway /
Old Apex Road Intersection Improvements (EN06-026)
Committee unanimously recommended that Rea
Contracting LLC be awarded the construction contract for the Cary Parkway
/ Old Apex Road Intersection Improvements Project for $224,060.39 and that
$50,000 from Project ST1004 (SE Maynard Road Improvements Project) to
ST1105 (Old Apex/Cary Parkway Intersection Improvements).
(Approved)
(8)
Consideration of Releasing a
Drainage Easement (EN06-028)
Committee unanimously recommended approval of a
request to release an unneeded drainage easement in the
Greenwood
Forest
subdivision.
(Approved)
(9)
Permit Agreement –
Heritage Pines (EN06-030)
Committee unanimously recommended entering into
a permitting agreement with the developers of Heritage Pines for the
completion of
Louis Stephens Drive.
(Approved)
(10)
Permit Agreement – Regency
(EN06-031)
Committee unanimously recommended entering into
a permitting agreement with the developers of Regency for the completion
of Regency Parkway.
(Approved)
(11)
Changing Funding Sources for
Certain Water Projects (FN06-001)
Committee unanimously recommended changing
funding sources in certain water projects to utilize the remaining
proceeds of the 2001 General Obligation Water Bonds.
(Approved)
(12)
Approval of Police Purchases
Using Restricted Funds (PD06-005)
Committee unanimously recommended recognition of funds received
from the N.C. Controlled Substance Tax Distribution Program and the
expenditure of those funds for the purchase of police equipment.
(Approved)
(13)
Resolution Designating
Notifying Official for ABC Permits (PD06-006)
Committee unanimously recommended approval of a resolution designating the
Chief of Police as the official to notify the North Carolina Alcoholic
Beverage Commission regarding the suitability of persons and locations for
ABC permits.
(Approved)
(14)
Triangle Seamless Public
Transportation Service (PL06-010)
Committee unanimously recommended approval of a
memorandum of understanding (MOU) for Triangle Seamless Public
Transportation Service.
(Approved)
(15)
Bid Award for Bachelor
Branch Greenway (PR06-006)
Committee unanimously recommended bid award to McQueen Construction Inc.
for the Bachelor Branch Greenway Project including Alternate #1 for
$665,300 and approval of an interlocal agreement with
Wake
County
to construct a greenway trail and bridge.
(Approved)
(16)
Budget Adjustment:
Natural Resources Conservation Service (USDA), Stream
Restoration and Greenway Planning Funds
(PR06-008)
Committee unanimously recommended adoption of a
budget ordinance amendment and corresponding budget adjustment request to
recognize $282,700 in revenue in the Capital Projects Fund from the USDA
and a corresponding expenditure in the Capital Improvement Budget to
complete the West Cary Stream Restoration and Greenway Plan project.
(Approved)
(17)
Western Wake Library
Greenway Connection (PR06-009)
Committee unanimously recommended that
$26,000 be transferred from General Fund fund balance to a new general
capital project in support of the Town of
Cary’s partnership with
Wake
County
Parks
and Recreation for the construction of 1,000
feet of greenway related to the Western Wake library construction project.
(Approved)
(18)
Revision to Cary Town of
Ordinances, Chapter 26, Solid Waste Management (PWUT06-005)
Committee unanimously recommended amending
Chapter 26 of the Town’s Code of Ordinances, changes to the FY2006 Fees
and Charges, and revised hours at the Citizen Convenience Center to
coincide with the implementation of the recently approved curbside
roll-out cart program.
(Approved)
(19)
Western Wake Regional
Wastewater Management Facilities Engineer Position (EN06-017)
Committee unanimously recommended approval of an
additional engineering position for management of projects associated with
the Western Wake Regional Wastewater Management Facilities.
(Approved)
(20)
Public Art Master Plan and
Public Art Coordinator (PR06-004)
Committee unanimously recommended continued
implementation of the Public Art Master Plan and filling the vacant Public
Art Coordinator position with an emphasis on the part that this position
plays in engaging the community in public art funding efforts.
(Approved)
b.
For Information Only (no council action required)
(1)
Employee Benefits (HR06-001)
Information regarding the current status of the
employee health insurance plan and results of recent benefits open
enrollment. Jack Smith
requested that Town staff review the recent increase in the cost of
medicines.
(For
information only; no action required)
(2)
Director’s Award from Partnership
for Safe Water (PWUT06-004)
Information regarding the Cary/Apex Water Treatment Facility receiving the
Director’s Award from the Partnership for Safe Drinking Water and the
EPA.
(For
information only; no action required)
(3)
Bid Award for Bond Park
Lakefront Renovations (PR06-005)
This item was tabled.
(For
information only; no action required)
(4)
Bond Park Water Main Bid
Award (EN06-024)
This item was tabled. (For
information only; no action required)
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
1.
Presentation of the “Fit-n-Fun-4-Life”
proclamation. (Presented)
2.
Report by the “Joint Local Government Task Force on PCBs at the
Ward Transformer Site.” (Provided)
D.
PUBLIC HEARINGS
1.
Rezoning
Petition 05-REZ-31 (Dellinger Planned Development District Amendment)
The property is located in the
northeast corner of the intersection of
Dillard Drive
and
Piney Plains Road
and contains 5.3 acres. This proposal seeks to
increase the square footage limit for Tract 1 of the Dellinger Planned
Development District from 35,000 square feet of commercial use to 162,000
square feet of commercial use. Council
may forward this item to the
November
21, 2005
Planning
and Zoning Board meeting. (Referred
to 11/21/05 Planning & Zoning Board meeting)
2.
Rezoning
Petition 05-REZ-32 (Northwoods Planned Development District Amendment)
The property is located in the
northeast corner of the intersection of NW Maynard Road and Chapel Hill
Road and contains 1.95 acres. The request is to amend two of the current
zoning conditions that apply to the outparcel adjacent to the new Lowe’s
Home Improvement store on
Chapel Hill Road
. Specifically, the proposed changes
relate to allowable retail uses, use of drive-through facilities, and the
location of parking on this site. No increase in the allowed square
footage of floor space is proposed. Council
may forward this item to the
November
21, 2005
Planning and Zoning Board meeting.
(Referred
to 11/21/05 Planning & Zoning Board meeting)
3.
Rezoning
Petition 05-REZ-33 (Cary Arboretum)
The property is located in the southwest quadrant of the intersection of
Weston Parkway
and
North Harrison Avenue
and contains 1.77 acres. This is a
proposed change to the zoning conditions for the separate parcel of land
zoned Office & Institutional-Conditional Use (O&I-CU) that
surrounds the Arboretum Planned Development District (PDD).
The changes are applicable to the southern and eastern parts of
this property and will modify the buffer treatment, allow the addition of
parking to the south of the existing Arboretum project, and clarify the
allowed use of the property near
Harrison Avenue
. No changes to requirements
that regulate the portion of this property adjacent to the Wessex
Subdivision are proposed. Council
may forward this item to the
November
21, 2005
Planning
and Zoning Board meeting.
(Referred
to 11/21/05 Planning & Zoning Board meeting)
4.
Rezoning
05-REZ-34 (Twin Lakes Planned Development District Amendment)
The property is located east of
Davis Drive
and west of
Town Hall Drive
between
Morrisville-Carpenter Road
and
McCrimmon Parkway
and contains 300.86 acres. The proposal seeks
to amend the conditions of the current planned development district in
order to redistribute the number of residential units allowed within the
Twin
Lakes
development based upon reconfigurations of the various subdistricts in the
project. Amendments affect the number of units and/or the size of
individual subdistricts, with the density of such subdistricts changing to
reflect the revisions. The overall dwelling unit cap of 1,044 total units
and the overall gross density of 5.0 dwelling units per acre will remain
the same. Council
may forward this item to the
October 24, 2005
Planning and Zoning Board meeting.
(Referred
to 10/24/05 Planning & Zoning Board meeting)
5.
Activity
Center Concept Plan 05-AC-007 (Northwoods
Activity
Center
Concept
Plan Amendment)
The property is located at
604 Reedy Creek Road
and contains 9.73 acres. The request is to
amend the Northwoods Activity Center Concept Plan to include a proposed
subdivision of 12 single-family residential lots on 2.70 acres. The
minimum lot size will be 5,000 square feet, and the overall density will
be 4.4 units per acre. The development
proposal also includes 2.04 acres of open space. Council
may forward this item to the
November
21, 2005
Planning
and Zoning Board meeting.
(Referred
to 11/21/05 Planning & Zoning Board meeting)
6.
Annexation
Public hearing on annexation
petition 05-A-15. The property is owned by Willard Mills, is located at
7828 Emery Gayle Lane, contains 61.34 acres, and is associated with
rezoning 05-REZ-14 (Mills property) and 05-REZ-17 (conservation overlay).
Council
may take action on this item immediately following the public hearing.
(Approved)
E.
PUBLIC SPEAKS OUT (one hour time limit)
See
official minutes.
F.
LAND DEVELOPMENT DISCUSSION ITEMS
(any item pulled from the land development consent agenda for discussion
[item B.2. on this agenda] will be discussed during this portion of the
agenda)
1.
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. Council
may take action on this item. (Approved
request as described herein)
2.
Rezoning
05-REZ-06 (Herndon Property, Residential)
The property is located at
6828 Turner Creek Road
and contains 4.6 acres. The current zoning is
Residential-40; the proposed zoning is Residential-8. Council may take action on this item. (Denied;
granted waiver to allow the applicant to resubmit another zoning case for
this property in the next 12 months)
3.
Conservation Residential Overlay District:
a.
Land Development Ordinance Amendment
Consideration of the following Land Development Ordinance (LDO)
amendments: adding the Conservation Residential Overlay District to LDO
section 4.4.5; minor modification to the riparian buffer regulations in
LDO section 7.3.2; adding a note to an existing table in LDO section
7.3.5, Table 7.3-3; and adding a principle of interpretation for riparian
buffer modification requirements to LDO section 4.4.5. Council
may take action on this item. (Approved
staff's recommendation, which includes reducing the density bonus for
Class 1 Primary Open Space from 12 to 10 units per acre)
b.
Rezoning
05-REZ-17 (Conservation
Residential Overlay District)
This is a Town-initiated rezoning to create a Conservation Residential
Overlay District for the areas designated as Conservation Residential in
the Southwest Area Plan. This rezoning will implement the recommendations
of the Southwest Area Plan to provide additional density and preserve open
space. The property is located in the general vicinity of Green Level Road West,
Green Level Church Road, and White Oak Church Road and contains 1,509.31 acres. The current zoning is Residential 40; the
proposed zoning is Conservation Residential Overlay District. Council
may take action on this item. (Approved)
G.
COMMITTEE REPORTS (discussion
items)
Operations
Committee,
September 7, 2005
(any item pulled from the committee consent
agenda for discussion [agenda item B.3.] will be discussed during this
portion of the agenda)
1.
Economic Development Strategy Formulation
(AD06-001)
Committee unanimously recommended approval of
performing an economic development strategy for the Town of Cary
if full council endorsement could be obtained
about both the method and the scope of the strategy.
(Approved the
Sanford Holshouser proposal)
2.
Bridle Creek Drive
Traffic Project (EN06-023)
Committee recommended that stop signs and crosswalks not be placed
on Bridle Creek Drive, but that the median be approved.
(Approved
median on Bridle Creek Drive at its intersection with Creek Park Drive,
and approved the
installation
of three-way
stop signs on Bridle Creek Drive at its intersections with Cumberland
Green Drive and Timber Hitch Road and marked crosswalks at the two
intersections)
3.
Cranborne Lane Traffic Calming (EN06-027)
Committee members Jennifer Robinson and Jack Smith recommended that seven
speed humps be installed on Cranborne Lane. Marla Dorrel did not concur,
stating that she was not willing to waive the emergency response times
standards. (Tabled to the
10/20/05 council meeting)
H.
OLD/NEW BUSINESS (any item
pulled from the regular consent agenda for discussion [agenda item B.1.]
will be discussed during this portion of the agenda)
N/A
(05-REZ-06 [Herndon property] waiver was granted during this portion of
the minutes.)
I.
CLOSED SESSION
Not
called
J.
ADJOURNMENT
10:33 p.m.
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