A.
COMMENCEMENT
1.
Call to Order (Provided)
2.
Ceremonial Opening (Provided)
3.
Administration of oath of office to Ervin Portman. (Administered)
4.
Adoption of agenda
(Adopted)
B.
CONSENT AGENDA
1.
Regular Consent Agenda
(any regular consent agenda item pulled for discussion
will be discussed at the end 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 February 8, 2007.
(Approved)
b.
Consideration of adoption of certificates of sufficiency
and resolutions calling for public hearings on the following
citizen-initiated annexations.
(1)
Annexation 07-A-08
Property is located at
3677 NC 55 Highway and contains
18.18 acres. The associated development plan is 06-SP-041 (Raleigh
Army Reserve Center). (Approved)
(2)
Annexation 07-A-10
Property is located at
8400
Henderson Road and contains 9.66 acres. The associated zoning is
07-REZ-02 (West Lake PDD Amendment). (Approved)
(3)
Annexation 07-A-13
Property is located 1,160
feet northeast of the intersection of O’Kelly Chapel Road and Yates
Store Road and contains 2.18 acres. This emergency request is to connect
to Town water. (Approved)
c.
Consideration of adoption of a
Resolution Making Certain Findings and Determinations, Authorizing
the Filing of an Application with the Local Government Commission and
Requesting the Local Government Commission to Sell Bonds at a Private
Sale in Connection with the Issuance of Revenue Bonds by the Town.
(Approved)
d.
Consideration of pursuing
the “Fit Community” designation for the Town
of Cary.
(Approved)
e.
Consideration of adoption of the
February 2007 tax report. (Approved)
2.
Land Development Consent Agenda (any land
development consent agenda item pulled for discussion will be discussed
at the end of the land development discussion portion of the agenda,
which is item F on this agenda)
a.
Annexation 06-A-34
Consideration of adoption of an ordinance to annex property located
3,060 feet
northwest of Optimist Farm Road and Bells Lake Road, which is comprised
of 14.29 acres. The associated zoning is 06-REZ-23, Park at Langston.
(Approved)
b.
Rezoning 06-REZ-23 (Park at Langston)
The property is located at the end of Truelove Drive off Bells Lake
Road and north of Forester Lane and contains approximately 19.82 acres.
The current zoning is Residential-30 (Wake County)
and Residential-12; the proposed zoning is Residential-12 Conditional
Use. In accordance with N.C.G.S. 160A-383, and based upon the
recommendations and detailed information developed by staff and/or the
Planning and Zoning Board contained in the case report, approval of this
case by the Cary Town Council will officially adopt the individual
rezoning report as evidence that consistency with the Comprehensive Plan
has been thoroughly evaluated and that this is a reasonable action to
further the community’s public interest in carrying out the
Comprehensive Plan. The Planning and Zoning Board unanimously
recommended approval.
(Approved)
c.
Rezoning 06-REZ-25, Hospice of Wake County
The
property is located approximately 900 feet east of the intersection of
Trinity and Trenton Roads, and contains approximately 8.70 acres. The
request is to rezone the property to Office and Institutional
Conditional Use to permit a nursing home or hospice facility. In
accordance with N.C.G.S. 160A-383, and based upon the recommendations
and detailed information developed by staff and/or the Planning and
Zoning Board contained in the case report, approval of this case by the
Cary Town Council will officially adopt the individual rezoning report
as evidence that consistency with the Comprehensive Plan has been
thoroughly evaluated and that this is a reasonable action to further the
community’s public interest in carrying out the Comprehensive Plan. The
Planning and Zoning Board unanimously recommended approval.
(Approved)
3.
Planning and Development Committee, February 15, 2007 (any committee
consent agenda item pulled for discussion will be discussed at the end
of the committee discussion portion of the agenda, which is item G on
this agenda)
a.
RBC Centura Bank –
Request for Reduction of Thoroughfare Improvements
(EN07-078)
Committee unanimously recommended deleting the two southbound lanes
along the bank frontage from thoroughfare improvements requirements.
(Approved)
b.
Community Development Block Grant Annual Action Plan Public Hearing
Schedule (PL07‑020)
Committee unanimously recommended scheduling a public hearing on April
26, 2007 regarding the FY2008 Community Development Block Grant (CDBG)
Annual Action Plan. (Approved)
c.
Exception to Annex a Property in Chatham County
(PL07-026)
Committee unanimously recommended granting an exception to the joint
resolution with Chatham County to allow an existing residential home
with a failing well to connect to Town of Cary water
system and subsequently have the property annexed by the Town.
(Approved)
d.
Downtown Streetscape Artist for Design Team (PR07-021)
Committee unanimously recommended hiring Elizabeth Conner as design team
member for the Downtown Streetscape design development. (Approved)
e.
White Oak Stream Restoration and Greenway Study (PR07-022)
Committee unanimously recommended approval of the White Oak Stream
Restoration and Greenway Project Study. (Approved)
f.
Wellington Park Overlay District and Rezoning (PL07-021)
Committee unanimously recommended that the Town not initiate rezoning of
the 12.89 acre Franklin parcel. (Pulled for
discussion; see item G)
g.
Historic Preservation Ordinances and Legislation (PL07-025)
Committee unanimously recommended that the Town amend its 2007 NC
Legislative agenda to include local authority for Cary to develop
ordinances for historic preservation.
(Approved)
h.
Issues and Direction for the Green Level Historic District (PL07-022)
Committee unanimously recommended that this item be tabled for 90 days
for a more definitive recommendation regarding the realignment of Green
Level Church Road.
(Approved to table for 90 days)
i.
Carpenter Community Plan Implementation (PL07-023)
Committee unanimously recommended continuing with the implementation
program for the Carpenter Community Plan and consideration of additional
actions: 1) a one year stay on new development and/or rezonings in the
Rural Village core area to allow time to develop and adopt
incentive-based preservation measures, 2) begin purchasing undeveloped
property and conservation easements in and adjacent to the Rural Village
core area, and 3) establish a revolving fund to purchase historic
structures, place preservation easements on the structure, stabilize
and/or rehabilitate the structure, and then resell the structure to a
third party. Each of these additional tasks will be further researched
by staff and brought to council for specific action.
(Approved)
j.
Future Town Wide
Development Regulations
(PL07-024)
Committee unanimously recommended that staff proceed with research and
analysis and bring options and recommendations to council on each of the
identified development issues.
(Approved)
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
N/A
The council handled
the following business out of order:
G.
COMMITTEE REPORTS
(discussion
items)
Planning and
Development Committee,
February 15, 2007 (any item pulled from the committee consent agenda
for discussion [agenda item B.3.] will be discussed during this portion
of the agenda)
1. Wellington Park Overlay District and Rezoning (PL07-021)
Committee unanimously recommended that the Town not initiate rezoning of
the 12.89 acre Franklin parcel. (Approved
committee's recommendation)
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)
1.
Proposal to close railroad crossing and amend the
Town Code
Consideration of a proposal to close the CSXT railroad
crossing at North West Street and to revise ordinances arising from the
public hearing on this proposal.
Council may take action. Five affirmative votes are required to
adopt the ordinance amendment. (Approved
staff's recommendation to
1) close
the N. West Street at-grade railroad crossing and continue plans for an
at-grade railroad crossing along Morrisville Parkway near NC 55; 2) use
existing FY 2007 funding to construct a traffic signal at N. Dixon
Avenue and W. Chatham Street; and 3) amend existing Town of Cary
ordinances to restrict parking along portions of Hillsboro Street, N.
Dixon Avenue, and Madison Avenue, as well as allow left turning
movements from Hillsboro Street onto N. Harrison Avenue without
restriction.)
ACTION: At 7:23 p.m.,
Mayor Pro Tem Smith moved to excuse Mrs. Robinson from the remainder of
the meeting. Mr. Roseland provided the second, and council granted
unanimous approval.
D.
PUBLIC HEARINGS
1.
Budget Public Hearing
This public hearing provides
an opportunity for the public to share their priorities for the Town of
Cary’s Fiscal Year 2008 Annual Budget, which will identify services and
infrastructure projects to be undertaken by the Town from July 1, 2007
through June 30, 2008. No council action is required; another budget
public hearing was conducted at the
February 8, 2007 council meeting, and a public hearing on the proposed budget
is planned for each council meeting in May.
(Conducted)
2. Park
at
West Lake
Development
a.
Annexation 06-A-36
Public hearing on the citizen-initiated request to annex property
located
south of Optimist Farm Road, east and west of West Lake Road, and north
and west of the South Cary Water Reclamation Facility, which is
comprised of 110.52 acres. The associated zoning case is 06-REZ-36, the
Park at Westlake. No council action is necessary after the public
hearing. This annexation will be on a future agenda with the associated
rezoning for final vote. (Conducted public
hearing; referred to future agenda for final action to coincide with
Rezoning 06-REZ-36)
b.
Rezoning 06-REZ-36, The Park at West Lake
Property is located south of
Optimist Farm Road, east and west of West Lake Road, and north and west
of the South Cary Water Reclamation Facility and is comprised of 110.52
acres. The current zoning is Residential-30 Wake County and
Residential-20 CUD Wake County; the proposed zoning is Residential-12
and Transitional Residential.
Council may refer this
item to the March 19, 2007
Planning and Zoning Board meeting.
(Referred to 3/19/07 Planning and Zoning Board
meeting)
3. Park
at
West Lake
Development
a.
Annexation 06-A-38
Public hearing on the citizen-initiated request to annex property
located
1,340 feet east of the intersection of West Lake Road and Optimist Farm
Road, which is comprised of 5.65 acres. The associated zoning case is
06-REZ-38, The Park at West Lake. No council action is necessary
after the public hearing. This annexation will be on a future agenda
with the associated rezoning for final vote.
(Conducted public hearing; referred to future agenda for
final action to coincide with Rezoning 06-REZ-35)
b.
06-REZ-35, The Park at West Lake
Property is located
1,340 feet east of the intersection of
West Lake Road and Optimist Farm Road and is comprised of 5.65 acres.
The current zoning is Residential-30 Wake County; the proposed zoning is
Residential-12. Council
may refer this item to the March 19, 2007 Planning and Zoning Board meeting.
(Referred to 3/19/07 Planning and Zoning Board meeting)
4.
Rezoning 06-REZ-38, Cary Park Mixed Use Overlay District
The property is located
northeast of the Green Level to Durham Road and Carpenter Fire Station
Road intersection and contains 16.43 acres. The current zoning is
Residential-40; the proposed zoning is Residential-40 with a Mixed Use
Overlay District. Council
may forward this to the
April 16, 2007
Planning and Zoning Board meeting.
(Referred to 3/19/07 Planning and Zoning Board meeting)
5.
Rezoning 06-REZ-39, Cary Park Mixed Use Overlay District
The property is located at
the intersection of Carpenter Fire Station Road
and Cary Glen Boulevard and contains 149.22 acres. The current zoning is
Planned Development District Major, Office and Institutional Conditional
Use and Residential-40; the request is to add a Mixed Use Overlay to the
existing zoning. Council
may forward this to the April 16, 2007 Planning
and Zoning Board meeting.
(Referred to 4/16/07 Planning and Zoning Board meeting)
6.
Right-of Way
Closing
Consideration of adoption of a street closing order resolution to close
a portion of the Fairbanks Road right-of-way adjacent to Lot 97 of
Silvercreek Subdivision. Council
may take action. (Approved)
7.
Annexation 06-A-35
Consideration of adoption of an ordinance to annex property based on a
citizen-initiated request. The property is located at 2004 Trenton Road
and is comprised of 8.70 acres. The associated zoning case is
06-REZ-25, Hospice
Facility of Wake County. Council may
take action. (Approved)
E.
PUBLIC SPEAKS OUT (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)
N/A
G.
COMMITTEE REPORTS
(discussion
items)
Planning and
Development Committee,
February 15, 2007 (any item pulled from the committee consent agenda
for discussion [agenda item B.3.] will be discussed during this portion
of the agenda)
1. Wellington Park Overlay District and Rezoning (PL07-021)
Committee unanimously recommended that the Town not initiate rezoning of
the 12.89 acre Franklin parcel. (Approved
committee's recommendation)
Handled before item
D., Public Hearings, on the agenda.
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)
1.
Proposal to close railroad crossing and amend the
Town Code
Consideration of a proposal to close the CSXT railroad
crossing at North West Street and to revise ordinances arising from the
public hearing on this proposal.
Council may take action. Five affirmative votes are required to
adopt the ordinance amendment. (Approved
staff's recommendation to
1) close
the N. West Street at-grade railroad crossing and continue plans for an
at-grade railroad crossing along Morrisville Parkway near NC 55; 2) use
existing FY 2007 funding to construct a traffic signal at N. Dixon
Avenue and W. Chatham Street; and 3) amend existing Town of Cary
ordinances to restrict parking along portions of Hillsboro Street, N.
Dixon Avenue, and Madison Avenue, as well as allow left turning
movements from Hillsboro Street onto N. Harrison Avenue without
restriction.)
Handled before item
D., Public Hearings, on the agenda.
I.
CLOSED SESSION (not called)
J.
ADJOURNMENT (8:19 p.m.)