TOWN OF CARY

PLANNING & ZONING BOARD
DRAFT MINUTES

Monday, March 17, 2003, 6:30 p.m.
Town Hall, Building A, Auditorium
316 N. Academy St., Cary, N.C.

Web Site: http://www.townofcary.org

The Planning and Zoning Board held a work session at 5:00 p.m. to review and discuss the Land Development Ordinance (LDO) in the Front Conference Room of Building A, 316 N. Academy Street, Cary, NC.

Planning and Zoning Board meetings are broadcast live the night of the meeting at 7:30PM and are rebroadcast the same week on Tuesday at 7:30AM and Wednesday at 7:30PM.

ITEMS

  

ACTION

Item 1

Call to Order

Board members present: Carla Sadtler, Edward Yerha, Mike Zaccardo, Christy Perrin, Ervin Portman, Wally Dawson, Steven Goodridge, Paul Broderick and William Lyke.

Board members absent: Don Hyatt

Staff present: : Jeff Ulma, Ricky Barker, JW Shearin, Randy Guthrie, Chris Simpson, Jim Parajon, Shawn McNamara, Suzanne Prince, Doug McRainey, Dick Moore, Tammy Spivey, Tom Horstman, Steve Brown, Philip Myers and Joanne Gunther.

Mr. Yerha
Item 2 Approval of the minutes of the February 17, 2003 meeting.
Item 3 Town Council Report 

Town Council meetings of February 27, 2003 and March 13, 2003 Provided by Council Member Weinbrecht
Item 4 Rezonings for Public Hearing:
The public will take notice that this public hearing is specifically for people who were unable to attend the January 23, 2003 public hearing due to the inclement weather, and people who have commented at the prior public hearing will not be allowed to speak again. All persons wishing to speak must sign up on March 17, 2003 , between 6-6:20 p.m. in the Cary Town Hall Auditorium (just prior to the meeting). Speakers should be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups; and avoid repeating comments made at the previous public hearing (minutes are available on the Town’s web site for review):  

02-REZ-24 – ( Millpond Village PUD Amendment): Application by Tom Harrell, Development Engineering, on behalf of Sunset KPT Outparcels, LLC, property owner, requesting amendments to the existing Planned Unit Development. Specifically, the request proposes to replace the approved 24,628 square feet of office use with 11,000 square feet of retail use, and to amend the parking plan accordingly. The property contains 4.01 acres and is located at the northeast corner of Kildaire Farm Road and Ten-Ten Road .  

02-REZ-19 – (Lowe’s Home Center ): Application by Lowe’s Home Centers, Inc., for the property owners, Harry Stephenson and George H. Jordan III, requesting an amendment to the Planned Unit Development (PUD) and the land use plan. The property is 24.897 acres and is located at the northeast corner of NW Maynard Road and Chapel Hill Road .

02-REZ-25 – (Cary Park PUD Amendment): Application by Jerry Turner & Associates on behalf of John Larkin Smith Farm Ltd. Partners, property owner, to amend the conditions of the existing PUD and to request a land use plan amendment. Specifically, the amendment proposes an addition of 200 multi-family residential units, 200,000 square feet of commercial area, and 200,000 square feet of office use. The property contains 29.8 acres and is located on both sides of Carpenter Fire Station Road at Cary Glen Boulevard .

02-REZ-27 – (Cameron Pond PUD): Application by Jerry Turner & Associates for multiple property owners to rezone property from Residential Mixed Conditional Use and Residential-40 to Residential Mixed Planned Unit Development. The request also includes a land use plan amendment. The property contains 143.10 acres and is located on both sides of Carpenter Fire Station Road, west of N.C. Highway 55, and east of Green Level to Durham Road .

 Mr. Yerha opened up this portion of the meeting for public hearings.
Mr. Yerha closed the public hearings at 8:15 p.m.
Item 5 REZONINGS TO BE TABLED:

A.

 02-REZ-19 – (Lowe’s Home Center ): Applicant has requested that this item be tabled until the April 21, 2003 Planning and Zoning Board meeting. Mr. Dawson made a motion to table this item, which was seconded by Mr. Portman, and the Board voted (9-0).

B.

 02-REZ-22 – ( Carpenter Village PUD Amendment): Applicant has requested that this item be tabled based on amending the current PUD Amendment in order to propose an additional permitted land use category for another tract.  This amendment will require an additional public hearing, and the entire set of amendments will be reviewed by the Planning and Zoning Board after the public hearing. Mr. Dawson made a motion to table this item, which was seconded by Mr. Portman, and the Board voted (9-0).
Item 6 REZONINGS FOR ACTION:

A.

 02-REZ-26 - (Huggins Glen PUD):  Application by Jerry Turner & Associates on behalf of Amy E. Huggins Pike, Phyllis Gayle Dickerson, Thomas E. and Sandra C. Stammely, and Robert A. and Dianne M. Nelson, property owners, to rezone property from Residential-30 to Residential-30 Planned Unit Development, in order to provide a PUD of 65 single family residences. The property contains 22.57 acres and is located on the south side of High House Road in the vicinity of Wood Hollow and Stone Hollow Court Mr. Portman made a motion to forward to Council for approval, which was seconded by Mr. Goodridge, and the Board voted (5-4) with Ms. Sadtler, Mr. Zaccardo, Mr. Broderick and Mr. Dawson having the dissenting votes
Mr. Dawson made a motion to excuse Board Member Michael Zaccardo at 9:15 p.m., which was seconded by Ms. Perrin, and the Board voted (9-0).

B.

 02-REZ-28 - (Powell rezoning): Application by Jerry Turner & Associates on behalf of James Lewis Powell, property owner, to rezone property from Residential-40 (Wake County) to Residential-12 Conditional Use, in order to provide for a planned unit development of approximately 122 detached single family residences. The property contains 33.7 acres and is located east of the intersection of Kildaire Farm Road and Ten-Ten Road . Mr. Dawson made a motion to forward to Council for approval with the following conditions:  1. Runoff protection for the 5 and 10 year storms be attenuated in order to protect the downstream ponds, and 2. A connection to the greenway from Felspar be added.  In addition to the  above conditions, a recommendation was made to limit development as much as possible to the area north of Felspar at time of site plan submittal, which was seconded by Mr. Broderick, and the Board voted (7-1) with Ms. Sadtler having the dissenting vote.

C.

 02-REZ-24 - ( Millpond Village PUD Amendment): Application by Tom Harrell, Development Engineering, on behalf of Sunset KPT Outparcels, LLC, property owner, requesting amendments to the existing Planned Unit Development. Specifically, the request proposes to replace the approved 24,628 square feet of office use with 11,000 square feet of retail use, and to amend the parking plan accordingly. The property contains 4.01 acres and is located at the northeast corner of Kildaire Farm Road and Ten-Ten Road . Mr. Dawson made a motion to forward to Council for approval at their April 10, 2003 meeting with staff’s recommendation on cross-access connectivity, and that the earthen berm be increased on the eastern side to the maximum height possible, which was seconded by Ms. Perrin, and the Board voted (6-2) with Mr. Yerha and Mr. Lyke having the dissenting votes.
D. 02-REZ-25 - (Cary Park PUD Amendment): Application by Jerry Turner & Associates on behalf of John Larkin Smith Farm Ltd. Partners, property owner, to amend the conditions of the existing PUD and to request a land use plan amendment. Specifically, the amendment proposes an addition of 200 multi-family residential units, 200,000 square feet of commercial area, and 200,000 square feet of office use as well as a transfer of 100 units to this area from the remainder of the project.The property contains 29.8 acres and is located on both sides of Carpenter Fire Station Road at Cary Glen Boulevard . Mr. Broderick made a motion to forward to Council for approval, which was seconded by Mr. Dawson, and the Board voted (7-1) with Ms. Sadtler having the dissenting vote.
E. 02-REZ-27 - (Cameron Pond PUD): Application by Jerry Turner & Associates for multiple property owners to rezone property from Residential Mixed Conditional Use and Residential-40 to Residential Mixed Planned Unit Development. The request also includes a land use plan amendment. The property contains 143.10 acres and is located on both sides of Carpenter Fire Station Road, west of N.C. Highway 55, and east of Green Level to Durham Road. Mr. Dawson made a motion to forward this item to the April 10, 2003 Council meeting requesting that they send it back to the April 21, 2003 Planning and Zoning Board meeting, which was seconded by Mr. Broderick, and the Board voted (8-0).
Item 7 For Information:
Construction Activity Reports  
Item 8 New/Old Business:
02-REZ-23 – Riggsbee PUD: This case was originally intended to have a follow-up public hearing by the P&Z Board on this date.  However, based on Council’s request of the applicant to consider making changes to this PUD request, this case was not advertised for a hearing since staff has determined that such changes would warrant an entirely new public hearing.  Therefore, no public hearing was advertised for this case this evening.  When a new public hearing date is determined, new notice letters will be mailed and advertisements will be placed in the newspaper. No action required.
Item 9 Adjournment: Mr. Yerha adjourned the meeting at 12:05 a.m.