A. COMMENCEMENT

1. Call to Order (Mayor Weinbrecht)

2. Ceremonial Opening (Mrs. Robison)

3. Adoption of agenda (Town Council)

B. CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has three distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the land development consent agenda contains items that have been unanimously approved by Town board(s)/commission(s) who have a role in the development process and staff and only require a simple majority vote; (3) the planning and development committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff; and (4) the operations committee consent agenda contains items that have been unanimously approved by the appropriate council committee and staff. A single vote may be taken for the approval of ALL consent agenda items.

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 August 11, 2010. (Town Council)

b. Consideration of approval of the August 2010 tax report. (Mr. Ben Shivar)

c. Consideration of adoption of a certificate of sufficiency and a resolution calling for public hearing on the following annexation petition:

(1) 10-A-13
Property Owner(s): Triangle Brick Company
Location: 6523 NC 55 Highway
Acreage: 5.35 plus 0.00 adjacent right of way = 5.35 total deeded acres
Zoning: Office/Research and Development (ORD)
Contiguous to Primary Corporate Limits: No
Existing Use: Commercial
Proposed Use: Commercial/Office
Associated Case: 10-SP-014 (Triangle Brick Corporate Headquarters)
Speaker: Mr. Wayne Nicholas

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. Park at Westlake Phase 6 Development

(1) Annexation 10-A-09
Property Owner: Winslow Properties Development Company
Property Addresses: 5213, 5217, 5221, 5225, 5229, 5233, 5301, 5228, 5224, 5220, 5216, 5212, 5208 Moneta Lane; and other unaddressed property
Acreage: 4.61 plus 0.42 acres of right-of-way = 5.03 total deeded acres
Zoning: Wake County Residential 30 (R-30)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant; Open Space
Proposed Use: Single-family Residential; Open Space
Speaker: Ms. Mary Beerman
Proposed Council Action: Council may take action

(2) Rezoning 10-REZ-03 (Park at Westlake Phase 6)
Location: 4,530 feet south of Optimist Farm Road and Glade Hill Drive
Current Zoning: Wake County Residential 30 (R-30)
Proposed Zoning: Transitional Residential (TR) and Resource/Recreation (R/R)
Acreage: 4.61
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & 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.
Planning and Zoning Board Recommendation: Unanimous to approve
Speaker: Ms. Mary Beerman
Proposed Council Action: Council may take action

3. Planning and Development Committee, August 19, 2010 (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) (Mr. Frantz)

a. Recognition of Funds from the Redemption of Financial Guarantees Associated with the Weldon Ridge Development (EN11-013)
Committee unanimously recommended recognizing $781,033.75 in financial guarantee funds related to the Weldon Ridge Development and appropriating them to the GG1094 Weldon Ridge Infrastructure Improvement project construction account.

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Presentation of the Public Art Advisory Board’s annual report. (Chair Carol Aupperle)

2. Presentation of the Parks, Recreation and Cultural Resource Advisory Board’s annual report. (Chair Dennis Hoadley)

3. Presentation of the Sister Cities Commission’s annual report. (Chair Jennifer Jones)

4. Report on the 2010 Cary Chamber of Commerce Inter-City Visit. (Mr. Jeff Ulma)

D. PUBLIC SPEAKS OUT (one hour time limit)

Anyone who wants to speak during Public Speaks Out should do the following:

• Take a seat in the reserved seats;
• Complete the contact information card located at the seat;
• When it is your turn to speak, proceed to the to the town clerk from the aisle behind the clerk, and give the clerk your completed contact information card and any handouts you have for the Town Council;
• Step to the podium next to the clerk; state your name clearly;
• Be concise; avoid repetition; limit comments to three minutes or less; designate a spokesperson for large groups;
• Direct comments to the full Town Council and not to an individual Town Council member;
• Speakers may return to their regular seats from any aisle.

E. PUBLIC HEARINGS

The public is invited to speak during “Public Hearings”. The “Public Speaks Out” rules shown on this agenda apply to “Public Hearings”, except that speakers are allowed five minutes.

1. Annexation Petitions:

a. 10-A-10
Property Owner(s): State of North Carolina
Location: 2590 Trenton Road
Acreage: 22.23 plus 2.91 adjacent right of way = 25.14 total deeded acres
Zoning: Office & Institutional (OI)
Contiguous to Primary Corporate Limits: Yes
Existing Use: NCDOT office (traffic contol)
Proposed Use: NCDOT office (traffic contol) (water connection)
Associated Case: 09-SP-054 (water main extension/connection project)
Speaker: Mr. Wayne Nicholas
Proposed Action: Council may take action

b. 10-A-11
Property Owner(s): Carpenter Land Company
Location: 6804 Carpenter Fire Station Road
Acreage: 1.00 plus 0.00 adjacent right of way = 1.00 total deeded acres
Zoning: Commercial
Contiguous to Primary Corporate Limits: Yes
Existing Use: Commercial
Proposed Use: Auto Repair Station
Associated Case: None
Speaker: Mr. Wayne Nicholas
Proposed Action: Council may take action

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, August 19, 2010 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Frantz)

1. Peninsula Development Plan (EN11-014)
Committee unanimously recommended resuming the issuance of building permits for Phases 1 and 2 of the Peninsula at Amberly Development on a per lot basis, with a percentage of the substitute financial guarantee being collected at the time each building permit is issued and the balance being collected with the issuance of a certificate of occupancy. The committee members varied in their recommendations, as follows: a) Mr. Portman recommended that the amount be calculated based on the original letters of credit; b) Mr. Frantz recommended that the amount be calculated based either the original letter of credit or on the current estimates without a multiplier, and c) Mayor Weinbrecht recommended that the amount be calculated based on a 1.5 multiplier of the current estimates.

Committee further recommended initiating the process of a temporary Land Development Ordinance amendment to formalize this proposal.

Committee approved recognizing revenue from the substitute financial guarantee and appropriation to GG1095.

Committee also unanimously recommended that staff continue to hold the developer responsible for the required improvements through issuing notices of violation and any other available methods.

2. LDO Amendments – 10-LDO-01 (PL11-014)
Committee unanimously recommended setting a September 30, 2010 public hearing date for the proposed LDO text amendments included in 10-LDO-01 with the exception of the proposed changes to the adequate public facilities for roads requirements related to a building permit for a change of use (Section 3.23.2). 

The Committee also provided the following specific recommendations:

• Item A - Agreed to proceed with a proposal to allow all town-owned and/or operated facilities and services to be permitted by right within zoning districts (some uses currently require a special use);
• Item B - Directed staff to ensure that a permanent foundation is required for manufactured homes; and,
• Item D - Agreed with staff's proposal (Option 1) to require site/subdivision plans that seek certain modifications to utilize the quasi-judicial process; and,
• Item G - Delete the proposed changes to the adequate public facilities for roads requirements related to a building permit for a change of use (Section 3.23.2)

 

3. Comments on Triangle Expressway’s Proposed Landscape Design Guidelines (PL11-015)
Committee unanimously recommended approval of staffs comments on the proposed Landscape Design Guidelines for the Triangle Expressway with the addition of the following comments:

a) Funding to implement the landscape plan must not be reduced to cover cost overruns on other aspects of the construction of the Triangle Expressway (i.e., no compromising of the funding allocated to landscaping; and,

b) In places where the construction of the Triangle Expressway has removed existing vegetation from the Town's Thoroughfare Corridor Buffer, addition plantings should be done to off-set the vegetation that has been removed and screen the existing subdivisions and sites from the Expressway.

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

I. CLOSED SESSION

Closed session will be called if necessary.

J. ADJOURNMENT