TOWN OF CARY

PLANNING AND ZONING BOARD

MINUTES

Monday, November 17, 2003, 7:30 p.m.

Town Hall, Building A, Auditorium

316 N. Academy St., Cary, N.C.

Web Site:  http://www.townofcary.org

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

Board members absent:  Don Hyatt

Staff present: Chris Simpson, Randy Guthrie, Dick Moore, Ricky Barker, J.W. Shearin, Tammy Spivey, Doug McRainey, Chad Meadows, Scott Ramage, Jim Parajon, Jeff Ulma Tom Hortsman, Kim Lazenby and Pamela Russell

Mr. Yerha

Item 2 Approval of the minutes of the October 20, 2003 meeting. Ervin Portman made a motion to approve the minutes, which was seconded by Paul Broderick, and the Board voted unanimously 9-0.
Item 3 Town Council Report  
  Town Council meeting of November 13, 2003

Provided by Council Member Weinbrecht

Item 4 Land Use Plan Amendment:  
A Land Use Plan Amendment 03-LPA-07, for the Activity Center at NW Maynard and Chapel Hill Roads.   Proposal by the Town of Cary to amend Cary’s long-range Land Use Plan for an area of approx. 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.  More details on the proposal can be obtained from the Cary Planning Department during regular business hours at (919) 469-4082.

Warren Boyd and Brent Miller spoke during the public hearing.  Both were pleased with the progess made on the plan.  Mr. Miller’s concerns were “high-volume” drive-thrus, restricting the height of non residential buildings to 2 stories and new commercial development being “strip malls” or conventional “shopping centers”

Wally Dawson made a motion to approve the case, which was seconded by Ervin Portman, and the Board voted 7-2.  Ed Yerha and William Lyke had the dissenting votes based on the building height of non residential buildings within the Land Use Plan.

Item 5 Site/Subdivision Plans:  
A. 03-SP-130:  Hall of Fame Baseball Ervin Portman made a motion to approve the site plan, which was seconded by Paul Broderick, and the Board voted unanimously 9-0.
Item 6 Rezoning(s):  
A.

Rezoning Petition Case 03-REZ-11 Cary Park PDD Amendment: 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 Rd to 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.  More details on the proposal can be obtained from the Cary Planning Department during regular business hours. The property contains approximately 20.83 acres and is located on the Yates Store Rd. and Frontage Dr .  Said property is more particularly described as Wake County Pin numbers:  0725406255

Applicant has requested that the Planning and Zoning Board return the case to the Town Council with no recommendations pending an additional review by the Planning and Zoning Board when questions related to the case can be resolved.
Christy Perrin made a motion to forward the case back to Town Council with a recommendation for an extension, which was seconded by William Lyke and the Board voted unanimously 9-0.
B. Rezoning Petition Case 03-REZ-10/03-LPA-04 Carramore PDD: Application by Withers & Ravenel, Inc., for J. Michael Edwards Ltd Prtnship, ETAL, Rickey G. Edwards, J Michael Edwards, J Michael Edwards Ltd and Helen C Gooch, Gary S & Jeannie G Edwards, Rickey G Edwards Ltd Prtnship, James C & Faye D Edwards and William B. Upchurch, owners, to rezone properties from R-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. More details on the proposal can be obtained from the Cary Planning Department during regular business hours. The property contains approximately 105.27 acres and is located between Davis Dr. and Louis Stephens Dr. Riggsbee Farms Subdivision is located at the south, Preston Village to the north and Preston PDD Major on the east side of the proposal area.  Said property is more particularly described as Wake County Pin numbers: 0744164097, 0744164590, 0744263333, 0744252951, 0744252692, 0744268401, 0744365147, 0744357569, 0744466348, 0744369258 and a portion of 0744148765.

Allen Turkow, Dan Wickstom and Larry Pearce spoke at the public hearing.  Mr. Turkow’s concerns were open space, lot size, drainage and infrastructure.  Mr. Wickstrom had drainage issues including standing ponds of water that could be ideal for mosquitos as well as adding the drainage items to the PDD book.  Mr. Pearce was pleased with the progress that had been made but was confused by some of the documentation.  Three documents were submitted to the board:  A letter from Withers and Ravenel to the Riggsbee Farms residents, A letter from Withers and Ravenel to the Preston Village residents and a spreadsheet showing differences in the November 14, 2003 agreement and the PDD document that was revised in October 2003.  

Ervin Portman made a motion to forward the case to Town Council for approval, which was seconded by Christy Perrin, and the Board voted 7-2.  William Lyke and Wally Dawson had the dissenting votes based on the unresolved valid protest petitions.
C. Rezoning Petition Case 03-REZ-12/03-LPA-05 Bishop’s Gate PDD Amendment: Application by Withers and Ravenel, for Joe Jenkins, Centex Homes, contract purchaser to amend the Bishop’s Gate (PDD) 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.  More details on the proposal can be obtained from the Cary Planning Department during regular business hours. The property contains approximately 25.21 acres and is located on the east side of the Davis Dr and Forget Me Not Rd.  Said property is more particularly described as Wake County Pin numbers:  743614925

Mary Bullock spoke for her mother Ann Bullock at the public hearing.  She requested a 100 ft buffer for her mother’s property and that the stream buffers be honored due to the wildlife living in the area.

REZONING:  Wally Dawson made a motion to deny, which was seconded by Steven Goodridge, and the Board voted 8-1.  Carla Sadtler had the dissenting vote.

LAND USE PLAN AMENDMENT: Wally Dawson made a motion to deny, which was seconded by Steven Goodridge, and the Board voted 8-1. Carla Sadtler had the dissenting vote.

Item 7 Planning Matters:  
A. Parks, Recreation and Cultural Resources Facilities Master Plan

Shawn Griffin spoke at the public hearing.  Mr. Griffin is the president of the Cary Booster Club.  He commended the Facilities Master Plan for the inclusive process and the inclusion of non-profit organizations.  He also supports the field utilization element of the plan.  

Paul Broderick made a motion to continue the public hearing until December 4, 2003, at 6:30 p.m., which was seconded by Ervin Portman, and the Board voted unanimously 9-0.
Item 8 For Information  
A. Monthly Construction Activity Reports  
B. Monthly Site and Subdivision Plan Approvals  
Item 9 New/Old Business: Mr. Yerha
Item 10 Adjournment:

Mr. Yerha adjourned the meeting at 11:59 p.m.