Cary Town Council Meeting Minutes

Thursday, September 22, 2005

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

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 (Mayor McAlister)

Mayor McAlister called the meeting to order at 6:30 p.m.

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2.    Ceremonial Opening (Mayor Pro Tem Smith)

Mayor Pro Tem Smith provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

Mayor McAlister stated he was recently approached by Raleigh Mayor Meeker requesting that the Cary council adopt the recommendations of the PCB Task Force. He stated that the Raleigh council adopted these recommendations on September 20, 2005 .

Mayor McAlister suggested that the council add the following item to the consent agenda as agenda item B.1.g.:

Acknowledge and accept the task force recommendations and authorize Mayor McAlister to communicate jointly with Raleigh Mayor Meeker and Wake County Commissioner Chair Bryan to the EPA and other interested parties in furthering the recommendations of the task force.

ACTION: Mayor Pro Tem Smith moved to adopt the amended agenda (including the consent agenda item suggested by Mayor McAlister). Mrs. Robison provided the second, and council granted unanimous approval.

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B.   CONSENT AGENDA (click on link to see consent agenda minutes)

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports and presentations on this agenda.

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D.   PUBLIC HEARINGS

1.   Annexation
Public hearing on annexation petition 05-A-16. The property is owned by M&R Pet Doc, LLC, is located at 0 Carpenter Fire Station Road, contains 1.32 acres, and is associated with site plan 05-SP-094 (Carpenter Animal Hospital). Council may take action on this item immediately following the public hearing. (Mr. J.W. Shearin)

Annexation Petition Number: 05-A-16
Property Address: 0 Fire Carpenter Station Road
Wake County Parcel Number: 0735048233
Real ID Number: 0022045
Petition Date:  8/1/2005

Proposed Effective Date:  9/22/2005

MEETINGS:
Town Council – Certificate of Sufficiency:   8/25/2005
Staff Recommendation:   Forward to public hearing on 9/22/2005    
Action:   Forwarded to public hearing on 9/22/2005     
Town Council – Public Hearing:  9/22/2005
Staff Recommendation:   Adoption with effective date of 9/22/05    

OWNERS:
M&R Pet Doc, LLC
105 Breezemere Court
Apex , NC   27502

LOCATION:
400' east of the intersection of Cary Glen Blvd. and Carpenter Fire Station Road

ZONING & PROPOSED USE:
Current Zoning: Office & Industrial Conditional Use (OICU)
Acreage: 1.32 plus 0.00 adjacent right of way =  1.32 total acres
% Contiguity: 33.3%
Corporate Limits: Contiguous
Proposed Use: Office & Institutional (O&I)
Associated Rezoning Case: None
Associated Development Plan: 05-SP-094 ( Carpenter Animal Hospital )

UTILITIES:

Water: On Site
Sewer: 8" PVC 1,300' northeast

DISTRICTS & TAX VALUE:
Fire District: Morrisville
Voting District: A
Tax Value: $44,700.00

ACTION: Mrs. Robinson moved to approve the annexation; Ms. Dorrel provided the second; council granted unanimous approval.

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

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2.   Alston Regional Activity Center: Council may refer these items to the November 21, 2005 Planning and Zoning Board meeting. (Mr. Scott Ramage)

a.   Rezoning 05-REZ-19, Alston Activity Center Overlay District (ACOD)
This case is Town-initiated.  An ACOD allows the Activity Center Concept Plan (ACCP) described below to be considered.  This overlay district covers 836.0 acres located around all four quadrants of the future interchange of I-540 and NC Highway 55.  (This is slightly less acreage than the ACCP described below, since the ACOD does not include one parcel at the extreme northern end of the ACCP that is located in Research Triangle Park, outside of Cary’s extraterritorial planning jurisdiction). 

b.   Activity Center Concept Plan 05-AC-005, Alston Activity Center Concept Plan (ACCP) / Land Use Plan Amendment 05-LPA-17
This case is Town-initiated.  This ACCP covers 856.2 acres centered around the future interchange of the I-540 Outer Wake Expressway and NC Highway 55.  The plan proposes a mixture of commercial, office and institutional, single-family detached, single-family attached, and multi-family products. The current land use plan designation is mixed use, office and institutional, office and industrial, and high density residential. The proposed land use plan designation is mixed use with modified greenways and collector roads.

REZONING PETITION:

05-REZ-19 Alston Activity Center Overlay District (ACOD)

This case is Town-initiated.  An Activity Center Overlay District (ACOD) allows the Activity Center Concept Plan (ACCP) described below to be considered.  The Land Development Ordinance requires that an ACOD be designated onto properties before an ACCP may be approved for those properties.  An Activity Center Overlay District provides additional development options for properties, provided that a corresponding ACCP is prepared and adopted.   This overlay district covers 836.0 acres located around all four quadrants of the future interchange of I-540 and NC Hwy 55.  (This is slightly less acreage than the ACCP described below, since the ACOD does not include one parcel at the extreme northern end of the ACCP that is located in Research Triangle Park, outside of Cary’s extraterritorial planning jurisdiction). 

ACTIVITY CENTER CONCEPT PLAN PETITION:

05-AC-005 Alston Activity Center Concept Plan (ACCP)

This case is Town-initiated.  Activity Centers consist of commercial, office, and medium- and high-density residential uses that are planned as a cohesive whole, clustered in an area usually surrounding a major intersection.  Within an Activity Center Overlay District (ACOD), an Activity Center Concept Plan (ACCP) may be created to guide development within the activity center.  This ACCP covers 856.2 acres centered around the future interchange of the I-540 Outer Wake Expressway and NC Hwy 55.  (The ACCP covers slightly more acreage than the ACOD described above, because it includes part of one parcel located in Research Triangle Park , outside of Cary ’s extraterritorial planning jurisdiction.  That parcel is included in the ACCP because it would ultimately be served by Cary utilities.)  The ACCP recommends a specific pattern and arrangement of future land uses and development.  The ACCP case consists of a set of maps and a comprehensive plan document that includes detailed site design guidelines.  The ACCP provides for a mix of commercial, office, and residential uses, designed in a pedestrian-friendly manner. 

LAND USE PLAN/COMPREHENSIVE PLAN AMENDMENT:        
05-LPA-17 Northwest Area Plan Amendments

The Land Use/Comprehensive Plan Amendments are associated with case 05-AC-005.  The land area covered by the proposed Alston Regional Activity Center Concept Plan is already identified as a Regional Activity Center in the Town’s Northwest Area Plan, but with a somewhat different internal arrangement of land uses (particularly east of NC 55) than is proposed by the Alston ACCP 05-AC-005.  The requested Land Use Plan Amendments propose to update the Northwest Area Plan to reflect the detailed land use arrangements proposed by the Alston Activity Center Concept Plan.  The specific amendments affect the three Northwest Area Plan maps, as follows:

Map 1 of 3, Future Land Use:

1. Identify the Alston Regional Activity Center boundary on this map.
2. Within the Alston Regional Activity Center , amend the land use designations for the land east of NC Hwy 55 from Office/Institutional (OFC/INS) and Office/Industrial (OFC/IND) to Mixed Use (MXD).  For the area northwest of the intersection of the realigned O’Kelly Chapel Road and NC 55, change the land use designation from “Office/Institutional or High Density Residential” (OFC/INS or HDR) to Mixed Use (MXD).
3. Delete keynotes 6, 16, 17, and 27, and rewrite keynote 5 to state “Part of the Alston Regional Activity Center containing a focused mix of commercial, office, institutional, and medium- to high-density residential uses in a pedestrian-friendly environment.  Refer to the Alston Activity Center Concept Plan for detailed recommendations.”

Map 2 of 3, Multi-Use Paths, Parks, and Schools:

1. Realign the greenway shown parallel to I-540 between Nancy Branch and Kit Creek , so that it is re-routed to the north, between Green Level to Durham Road and NC 55, towards a connection at Shaffer Park . 
2. Eliminate the section of the multi-use path adjacent to NC 55 that lies between (a) the terminus of Nancy Branch at NC 55 and (b) the point adjacent to NC 55 where the Morris Branch greenway is proposed to cross NC 55 in the Alston ACCP. 
3. Add the new grade-separated crossing point for the Morris Branch Greenway over/under NC 55.
4. Add a multi-use path/greenway adjacent to O’Kelly Chapel Road , from a point just west of the intersection with NC 55 (where the path connects with another greenway), eastward to Louis Stephens Drive .
5. Remove the multi-use path/greenway adjacent to McCrimmon Parkway , between NC 55 and a point just east of the CSX Railroad corridor.

Map 3 of 3, Roads and Transit:

1. At the intersection of NC 55 and McCrimmon Parkway , change the symbol for “required arterial grade-separated intersection” to the symbol for “potential arterial grade separated intersection.”
2. Remove the north-south collector road that stretches from McCrimmon Parkway in the south to O’Kelly Chapel Road in the north.  This collector is located between and parallel to I-540 and Green Level to Durham Road .

The above area plan amendments, by extension, would also affect the Comprehensive Multimodal Transportation Plan and the Parks, Recreation, and Cultural Resources Facilities Master Plan.

LOCATION OF PROPERTY: 

All four quadrants at the intersection of NC Highway 55 and the proposed I-540 Outer Wake Expressway.