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12-08-2003, 02:01 PM
Agenda Topics
Speaker(s)
A. COMMENCEMENT
1. Call to Order
Mayor Lang
2. Ceremonial Opening
Mr. Roseland
B. SPECIAL RECOGNITIONS
1. Presentation of a proclamation to the 2003 Athens Drive High School Varsity Men’s Soccer Team.
Mayor Lang
2. Remarks by Council Member Weinbrecht and Mayor Lang.
Mr. Weinbrecht and Mayor Lang
C. OATHS OF OFFICE
1. Administration of oath of office to Nels Roseland (District B Council representative).
Mrs. Rowland
2. Administration of oath of office to Marla Dorrel (District D Council representative).
The Honorable Mark Martin
3. Administration of oath of office to Michael Joyce (At-Large Council representative).
The Honorable Ann Marie Calabria
4. Administration of oath of office to Ernie McAlister (Mayor).
The Honorable Ann Marie Calabria
D. ORGANIZATIONAL MEETING
1. Appointment of Mayor Pro Tem.
Town Council
2. Appointments to the Operations Committee and the Planning and Development Committee.
Mayor McAlister
3. Appointment of Council liaisons to Boards/Commissions.
Mayor McAlister
a. Economic Development Commission
b. Information Services Advisory Board
c. Parks, Recreation and Cultural Resources Advisory Board
d. Planning and Zoning Board
e. Public Art Advisory Board
f. Sister Cities Commission
g. Town Center Review Commission
h. Utility Board of Adjustment
i. Zoning Board of Adjustment
4. Appointment of Council Members to outside organizations:
Mayor McAlister
a. Transportation Advisory Committee
b. Metropolitan Coalition
c. Wake County Mayors’ Association
d. Wake County Growth Management Task Force
e. Wake County school liaison
f. Triangle J Council of Governments Board of Delegates (regular and alternate)
g. Triangle J Council of Governments Smart Growth Committee (regular and alternate)
h. Triangle J Council of Governments Center of the Region Enterprise (CORE)
i. Wake County Economic Development Committee (Cary appointee)
5. Adoption of the Calendar Year 2004 meeting calendar.
Town Council
E. CONSENT AGENDA
CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has four distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the planning and zoning board consent agenda contains items that have been unanimously approved by the planning and zoning board and staff and only require a simple majority vote; (3) the town center review commission consent agenda contains items that have been unanimously approved by the town center review commission and staff and only require a simple majority vote; (4) the 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 beginning of the old/new business portion of the agenda)
a. Consideration of approval of the minutes of the regular meeting held on November 13, 2003 and the minutes of the special meeting held on November 24, 2003 .
Town Council
b. Consideration of approval of the tax report adopted by the Wake County Commissioners on November 3, 2003 .
Mr. Coleman
c. Consideration of allowing the Cary Chamber of Commerce to use the Town Council Chambers during the morning of January 20, 2004 for Youth Leadership Cary and during the morning of February 4, 2004 for Adult Leadership Cary.
Mayor McAlister
d. Consideration of adoption of resolutions directing staff to investigate the sufficiency of the following annexations:
Mr. Meadows
(1) 03-A-07, William B. Upchurch, Ricky G. Edwards, James M. Edwards, Gary & Jeannie Edwards, James C. and Faye D. Edwards, and M. Michael Edwards Limited Partnership, 104.48 acres
(2) 03-A-08, Milton A. & Brenda J. Cox and Marguerite F. Cox, 54.76 acres
(3) 03-A-09, Covenant Development Corporation, Centex Homes, and Terry B. and A. Wayne Witt, 77.99 acres
e. Consideration of adoption of the Community Development Block Grant Citizen Participation Plan.
Mr. McNamara
f. Consideration of adoption of a notice of intent to relocate several graves as part of the Davis Drive widening project.
Mr. Bailey
g. Consideration of approval of the task force recommendations on pedestrian safety at Cary High School.
Mr. Bailey
2. Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)
Mr. Yerha
a. Consideration of a request to refer the following rezoning back to the Planning and Zoning Board for further consideration:
03-REZ-11 (Cary Park Planned Development District): Application by Jerry Turner and Associates, Inc., for Panther Creek Raleigh Limited Partnership, to amend the Cary Park Planned Development District (PDD) Major. The proposal is to reduce the 100-foot common open space along the Yates Store Road to a 30-foot streetscape and to delete the 25-foot common open space along the adjacent western and northern property boundaries if portions of the subject property develop in conjunction with the adjoining properties. The property contains approximately 20.83 acres and is located on the Yates Store Road and Frontage Drive .
3. Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission’s discussion portion of the agenda)
N/A
4. Planning and Development Committee consent agenda, November 20, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
Mr. Roseland
5. Operations Committee consent agenda, December 2, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
Mrs. Robinson
F. SPECIAL REPORTS
1. Consideration of adoption of the annexation report and plan of services.
Mr. Barker
2. Report of the National League of Cities’ Finance, Administration and Intergovernmental Relations Committee activities.
Mrs. Robison
G. PUBLIC HEARINGS
Please adhere to the following guidelines:
Proceed to the podium, and state your name clearly.
Be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups.
Following your presentation, print your name on a form provided by the town clerk to ensure the official record reflects the correct information.
1. Public hearing to consider proposed changes to Cary’s C-Tran transit system.
Mr. Parajon
2. NOTE: All speakers who want to speak on the following special use must be administered an oath by the town clerk prior to speaking. Note the special rules for this special use public hearing.
Special Use 03-MSU-014: Application by Ken Donovan, business owner, for site plan approval and Special Use Permit approval for a commercial amusement, Hall of Fame Baseball Academy, 1006 SW Maynard Road . The property contains approximately 6.12 acres and is developed in a building housing a warehouse use and the commercial amusement use. According to Section 5.1.1 of the Cary Land Development Ordinance, an amusement establishment is a special use in the Office, Research, and Development district (ORD). Section 3.8.1 of the Land Development Ordinance requires that the site plan and the special use designation be reviewed and approved simultaneously by the Town Council. (NOTE: The site plan is item H.1. on this agenda.)
Mr. Guthrie
3. 03-REZ-17 / 03-LPA-09 (Twin Lakes Planned Development District): Application by Elam Todd d’Ambrosi on behalf of multiple landowners to rezone approximately 300 acres of land located in Wake County east of Davis Drive and north and south of McCrimmon Parkway. The land is currently zoned Residential-40 (R-40) and Office, Research and Development (ORD) within the Cary Town limits and is proposed for rezoning to Planned Development District-Major. The proposal would allow for a master planned community focused on extensive open space, public greenways and a mixed use village.
Mr. Shearin
4. 03-REZ-18 (Arboretum Planned Development District): Application by Development Solutions, LLC, on behalf of the landowner, Cary Arboretum, LLC, to rezone approximately 18.89 acres of land located in Wake County at the corner of North Harrison Avenue and Weston Parkway. The land is currently zoned Planned Development District-Minor within the Cary Town limits and is proposed for rezoning to Planned Development District-Minor. The amendment is to increase the height and story restriction on the hotel portion of the site.
Mrs. Lewis
H. PUBLIC SPEAKS OUT (one hour time limit)
The public is invited to speak on any topic not on this agenda. Comments should be limited to less than three minutes, and speakers should avoid repetition. All speakers should print their names on a form provided by the town clerk immediately after speaking.
I. PLANNING AND ZONING BOARD REPORT (discussion items)
Mr. Yerha
1. 03-SP-130, Hall of Fame Baseball, site plan (the associated major special use is item F.2. on this agenda).
2. 03-LPA-07 (Activity Center and NW Maynard Road and Chapel Hill Road): Proposal by the Town of Cary to amend Cary’s long-range Land Use Plan for an area of approximately 126 acres around the intersection of NW Maynard Road and Chapel Hill Road. The area corresponds to the Neighborhood Activity Center designated at that location by the current Land Use Plan as well as the Land Development Ordinance. The proposed amendment includes a mix of uses including commercial, office, institutional, and medium and low density housing.
3. 03-REZ-10 / 03-LPA-04 (Carramore Planned Development District): Application by Withers & Ravenel, Inc., on behalf of multiple property owners, to rezone properties from Residential-40 to Planned Development District (PDD) Major. The proposal would allow for 188 dwelling units on approximately 77.05 acres; Daycare / Preschool / Educational facility on 2.71 acres, and 25.51 acres of open space. The property contains approximately 105.27 acres and is located between Davis Drive and Louis Stephens Drive , Riggsbee Farms Subdivision is located to the south, Preston Village is located to the north, and Preston Planned Development District Major is located to the east.
4. 03-REZ-12 / 03-LPA-05 (Bishop’s Gate Planned Development District Amendment): Application by Withers and Ravenel, for Joe Jenkins, Centex Homes, contract purchaser, to amend the Bishop’s Gate Planned Development District Major. The proposal is to add the parcel belonging to Terry B. Witt to the Planned Development District. This amendment suggests 71 additional dwelling units as detached residential on 11.72 acres and attached residential on 3.71 acres. The proposal also includes 10.31 acres of open space. The property contains approximately 25.21 acres and is located on the east side of the Davis Drive and Forget Me Not Road.
5. Consideration of adoption of the parks, recreation and cultural resources facilities master plan.
J. TOWN CENTER REVIEW COMMISSION (discussion items)
Mr. Guthrie
N/A
K. COMMITTEE REPORTS (discussion items)
1. Planning and Development Committee, November 20, 2003 .
Mr. Roseland
(Any item pulled from the Committee consent agenda for discussion will be discussed during this portion of the agenda.)
2. Operations Committee, December 2, 2003
Mrs. Robinson
(Any item pulled from the Committee consent agenda for discussion will be discussed during this portion of the agenda.)
L. OLD/NEW BUSINESS
Consideration of referring the following request to the January 20, 2004 Planning and Zoning Board meeting:
03-REZ-13/03-LPA-06, Forest Oaks Planned Development District Major: Application by Withers & Ravenel, Inc., for Glenn Futrell, Allen & Theresa Phillips, Richard Alan Paton, F. Joseph Gossman, Glenn Futrell & Jihad Libbus, Willam & Joan Yates, William Yates & Jeanette Cash, owners, to rezone properties from R-40 and RA40 (Chatham County) to Planned Development District (PDD) Major. The proposal will allow for 600 dwelling units (185.97 acres for Detached Residential and 12.57 acres for Attached Residential.) The proposal also includes 50.86 acres dedicated to open space, 64.73 acres dedicated to school/church complex, and 2.48 acres for daycare. The property contains approximately 337.49 acres and is located on the Wake and Chatham County border by the intersection of Yates Store Road and Green Level Church Road .
Mr. Meadows
M. LEGAL AND ADMINISTRATIVE ISSUES
Closed session will be called if necessary.
N. ADJOURNMENT
Speaker(s)
A. COMMENCEMENT
1. Call to Order
Mayor Lang
2. Ceremonial Opening
Mr. Roseland
B. SPECIAL RECOGNITIONS
1. Presentation of a proclamation to the 2003 Athens Drive High School Varsity Men’s Soccer Team.
Mayor Lang
2. Remarks by Council Member Weinbrecht and Mayor Lang.
Mr. Weinbrecht and Mayor Lang
C. OATHS OF OFFICE
1. Administration of oath of office to Nels Roseland (District B Council representative).
Mrs. Rowland
2. Administration of oath of office to Marla Dorrel (District D Council representative).
The Honorable Mark Martin
3. Administration of oath of office to Michael Joyce (At-Large Council representative).
The Honorable Ann Marie Calabria
4. Administration of oath of office to Ernie McAlister (Mayor).
The Honorable Ann Marie Calabria
D. ORGANIZATIONAL MEETING
1. Appointment of Mayor Pro Tem.
Town Council
2. Appointments to the Operations Committee and the Planning and Development Committee.
Mayor McAlister
3. Appointment of Council liaisons to Boards/Commissions.
Mayor McAlister
a. Economic Development Commission
b. Information Services Advisory Board
c. Parks, Recreation and Cultural Resources Advisory Board
d. Planning and Zoning Board
e. Public Art Advisory Board
f. Sister Cities Commission
g. Town Center Review Commission
h. Utility Board of Adjustment
i. Zoning Board of Adjustment
4. Appointment of Council Members to outside organizations:
Mayor McAlister
a. Transportation Advisory Committee
b. Metropolitan Coalition
c. Wake County Mayors’ Association
d. Wake County Growth Management Task Force
e. Wake County school liaison
f. Triangle J Council of Governments Board of Delegates (regular and alternate)
g. Triangle J Council of Governments Smart Growth Committee (regular and alternate)
h. Triangle J Council of Governments Center of the Region Enterprise (CORE)
i. Wake County Economic Development Committee (Cary appointee)
5. Adoption of the Calendar Year 2004 meeting calendar.
Town Council
E. CONSENT AGENDA
CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has four distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the planning and zoning board consent agenda contains items that have been unanimously approved by the planning and zoning board and staff and only require a simple majority vote; (3) the town center review commission consent agenda contains items that have been unanimously approved by the town center review commission and staff and only require a simple majority vote; (4) the 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 beginning of the old/new business portion of the agenda)
a. Consideration of approval of the minutes of the regular meeting held on November 13, 2003 and the minutes of the special meeting held on November 24, 2003 .
Town Council
b. Consideration of approval of the tax report adopted by the Wake County Commissioners on November 3, 2003 .
Mr. Coleman
c. Consideration of allowing the Cary Chamber of Commerce to use the Town Council Chambers during the morning of January 20, 2004 for Youth Leadership Cary and during the morning of February 4, 2004 for Adult Leadership Cary.
Mayor McAlister
d. Consideration of adoption of resolutions directing staff to investigate the sufficiency of the following annexations:
Mr. Meadows
(1) 03-A-07, William B. Upchurch, Ricky G. Edwards, James M. Edwards, Gary & Jeannie Edwards, James C. and Faye D. Edwards, and M. Michael Edwards Limited Partnership, 104.48 acres
(2) 03-A-08, Milton A. & Brenda J. Cox and Marguerite F. Cox, 54.76 acres
(3) 03-A-09, Covenant Development Corporation, Centex Homes, and Terry B. and A. Wayne Witt, 77.99 acres
e. Consideration of adoption of the Community Development Block Grant Citizen Participation Plan.
Mr. McNamara
f. Consideration of adoption of a notice of intent to relocate several graves as part of the Davis Drive widening project.
Mr. Bailey
g. Consideration of approval of the task force recommendations on pedestrian safety at Cary High School.
Mr. Bailey
2. Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)
Mr. Yerha
a. Consideration of a request to refer the following rezoning back to the Planning and Zoning Board for further consideration:
03-REZ-11 (Cary Park Planned Development District): Application by Jerry Turner and Associates, Inc., for Panther Creek Raleigh Limited Partnership, to amend the Cary Park Planned Development District (PDD) Major. The proposal is to reduce the 100-foot common open space along the Yates Store Road to a 30-foot streetscape and to delete the 25-foot common open space along the adjacent western and northern property boundaries if portions of the subject property develop in conjunction with the adjoining properties. The property contains approximately 20.83 acres and is located on the Yates Store Road and Frontage Drive .
3. Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission’s discussion portion of the agenda)
N/A
4. Planning and Development Committee consent agenda, November 20, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
Mr. Roseland
5. Operations Committee consent agenda, December 2, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
Mrs. Robinson
F. SPECIAL REPORTS
1. Consideration of adoption of the annexation report and plan of services.
Mr. Barker
2. Report of the National League of Cities’ Finance, Administration and Intergovernmental Relations Committee activities.
Mrs. Robison
G. PUBLIC HEARINGS
Please adhere to the following guidelines:
Proceed to the podium, and state your name clearly.
Be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups.
Following your presentation, print your name on a form provided by the town clerk to ensure the official record reflects the correct information.
1. Public hearing to consider proposed changes to Cary’s C-Tran transit system.
Mr. Parajon
2. NOTE: All speakers who want to speak on the following special use must be administered an oath by the town clerk prior to speaking. Note the special rules for this special use public hearing.
Special Use 03-MSU-014: Application by Ken Donovan, business owner, for site plan approval and Special Use Permit approval for a commercial amusement, Hall of Fame Baseball Academy, 1006 SW Maynard Road . The property contains approximately 6.12 acres and is developed in a building housing a warehouse use and the commercial amusement use. According to Section 5.1.1 of the Cary Land Development Ordinance, an amusement establishment is a special use in the Office, Research, and Development district (ORD). Section 3.8.1 of the Land Development Ordinance requires that the site plan and the special use designation be reviewed and approved simultaneously by the Town Council. (NOTE: The site plan is item H.1. on this agenda.)
Mr. Guthrie
3. 03-REZ-17 / 03-LPA-09 (Twin Lakes Planned Development District): Application by Elam Todd d’Ambrosi on behalf of multiple landowners to rezone approximately 300 acres of land located in Wake County east of Davis Drive and north and south of McCrimmon Parkway. The land is currently zoned Residential-40 (R-40) and Office, Research and Development (ORD) within the Cary Town limits and is proposed for rezoning to Planned Development District-Major. The proposal would allow for a master planned community focused on extensive open space, public greenways and a mixed use village.
Mr. Shearin
4. 03-REZ-18 (Arboretum Planned Development District): Application by Development Solutions, LLC, on behalf of the landowner, Cary Arboretum, LLC, to rezone approximately 18.89 acres of land located in Wake County at the corner of North Harrison Avenue and Weston Parkway. The land is currently zoned Planned Development District-Minor within the Cary Town limits and is proposed for rezoning to Planned Development District-Minor. The amendment is to increase the height and story restriction on the hotel portion of the site.
Mrs. Lewis
H. PUBLIC SPEAKS OUT (one hour time limit)
The public is invited to speak on any topic not on this agenda. Comments should be limited to less than three minutes, and speakers should avoid repetition. All speakers should print their names on a form provided by the town clerk immediately after speaking.
I. PLANNING AND ZONING BOARD REPORT (discussion items)
Mr. Yerha
1. 03-SP-130, Hall of Fame Baseball, site plan (the associated major special use is item F.2. on this agenda).
2. 03-LPA-07 (Activity Center and NW Maynard Road and Chapel Hill Road): Proposal by the Town of Cary to amend Cary’s long-range Land Use Plan for an area of approximately 126 acres around the intersection of NW Maynard Road and Chapel Hill Road. The area corresponds to the Neighborhood Activity Center designated at that location by the current Land Use Plan as well as the Land Development Ordinance. The proposed amendment includes a mix of uses including commercial, office, institutional, and medium and low density housing.
3. 03-REZ-10 / 03-LPA-04 (Carramore Planned Development District): Application by Withers & Ravenel, Inc., on behalf of multiple property owners, to rezone properties from Residential-40 to Planned Development District (PDD) Major. The proposal would allow for 188 dwelling units on approximately 77.05 acres; Daycare / Preschool / Educational facility on 2.71 acres, and 25.51 acres of open space. The property contains approximately 105.27 acres and is located between Davis Drive and Louis Stephens Drive , Riggsbee Farms Subdivision is located to the south, Preston Village is located to the north, and Preston Planned Development District Major is located to the east.
4. 03-REZ-12 / 03-LPA-05 (Bishop’s Gate Planned Development District Amendment): Application by Withers and Ravenel, for Joe Jenkins, Centex Homes, contract purchaser, to amend the Bishop’s Gate Planned Development District Major. The proposal is to add the parcel belonging to Terry B. Witt to the Planned Development District. This amendment suggests 71 additional dwelling units as detached residential on 11.72 acres and attached residential on 3.71 acres. The proposal also includes 10.31 acres of open space. The property contains approximately 25.21 acres and is located on the east side of the Davis Drive and Forget Me Not Road.
5. Consideration of adoption of the parks, recreation and cultural resources facilities master plan.
J. TOWN CENTER REVIEW COMMISSION (discussion items)
Mr. Guthrie
N/A
K. COMMITTEE REPORTS (discussion items)
1. Planning and Development Committee, November 20, 2003 .
Mr. Roseland
(Any item pulled from the Committee consent agenda for discussion will be discussed during this portion of the agenda.)
2. Operations Committee, December 2, 2003
Mrs. Robinson
(Any item pulled from the Committee consent agenda for discussion will be discussed during this portion of the agenda.)
L. OLD/NEW BUSINESS
Consideration of referring the following request to the January 20, 2004 Planning and Zoning Board meeting:
03-REZ-13/03-LPA-06, Forest Oaks Planned Development District Major: Application by Withers & Ravenel, Inc., for Glenn Futrell, Allen & Theresa Phillips, Richard Alan Paton, F. Joseph Gossman, Glenn Futrell & Jihad Libbus, Willam & Joan Yates, William Yates & Jeanette Cash, owners, to rezone properties from R-40 and RA40 (Chatham County) to Planned Development District (PDD) Major. The proposal will allow for 600 dwelling units (185.97 acres for Detached Residential and 12.57 acres for Attached Residential.) The proposal also includes 50.86 acres dedicated to open space, 64.73 acres dedicated to school/church complex, and 2.48 acres for daycare. The property contains approximately 337.49 acres and is located on the Wake and Chatham County border by the intersection of Yates Store Road and Green Level Church Road .
Mr. Meadows
M. LEGAL AND ADMINISTRATIVE ISSUES
Closed session will be called if necessary.
N. ADJOURNMENT