Town Of Cary

Planning And Zoning Board 

 Minutes
Monday, August 16, 2004

6:30 PM

Herb Young Community Center

404 N. Academy St, Cary, N.C.

Agenda Topics

Speaker

A.

CALL TO ORDER  

Board Members Present:  Ervin Portman, Carla Sadtler, Steve Goodridge, Christy Perrin, Wally Dawson, Matthew Danielson, Lori Bush, Christopher Brooks  

Board Members Absent:  Paul Broderick, William Lyke  

Staff Members:  Bob Benfield, Beth Lewis, Doug McRainey, Ricky Barker, Dick Moore, Travis Morehead, Tom Horstman, Angela Reincke, Jeff Ulma, J.W. Shearin, Don Belk, Scott Ramage, Steve Brown, Kim Lazenby and Brenda Culbertson  

Mr. Dawson

B.

APPROVAL OF THE MINUTES OF July 19, 2004 MEETING

Christopher Brooks made a motion to recommend approval of the minutes with 1 correction to the June 21, 2004 minutes. Section F should state: Ervin Portman made a motion, Paul Broderick seconded and the vote was 8-2. (Wally Dawson and Christopher Brooks having the dissenting votes.)

Lori Bush seconded the motion and the board unanimously approved by a vote of 8-0.

C.

TOWN COUNCIL REPORT

Provided by Council Member Robinson.

Town Council meeting August 12, 2004

D.

SITE/SUBDIVISION PLAN

1.

#04-SP-090  BB&T at Mayfair Plaza  

Matthew Danielson made a motion to recommend approval and was seconded by Carla Sadtler.  The board approved by a vote of 7-1. (Steve Goodridge having the dissenting vote.)

2.

#04-SP-067   Regency Park – Parcels A & C

Ervin Portman made a motion to recommend approval based on: 1) staff recommendations to change the parking deck materials to meet the design guidelines, 2) the applicant providing a pedestrian walkway to the Lucky 32 Restaurant property, and 3) the applicant’s agreement to address staff recommendations on items 1-3 (i.e., waiver of cross access, waiver of bike lane, and off-site maintenance easements.)  Motion was seconded by Steve Goodridge and the Board approved by a vote of 7-1 with Matthew Danielson having the dissenting vote due, in part, because of the building height.

E. 

ACTIVITY CENTER

1.

ACTIVITY CENTER CONCEPT PLAN PETITON # 04-AC-003 TRIANGLE ACQUATICS CENTER

One parcel located at east end of Convention Drive, east of Cary Towne Center .  Proposal includes a 77,000 square foot aquatic center and a conceptual office building.

Ervin Portman made a motion to recommend approval to the September 9, 2004 Town Council meeting for approval. The motion was seconded by Steve Goodridge and the board voted unanimously 8-0.

F.

REZONING FOR ACTION

1.

REZONING PETITION #: 04-REZ-09

LAND USE PLAN AMENDMENT PETITION #: 04-LPA-07

This request encompasses four parcels.  Three are located 2010 feet east of the intersection of Research Drive and North Harrison Avenue , and one is located 730 feet southeast of the intersection of North Harrison Avenue and SAS Campus Drive. All are within the SAS campus.  

Matthew Danielson made a motion to recommend approval.  The motion was seconded by Christy Perrin and unanimously approved by a vote of 8-0.

G.

PLAN FOR ACTION

1.

04-LPA-06 SOUTHEAST AREA PLAN ): (PL04-066d)

Request to amend Cary’s Comprehensive Plan for an area of approximately 2,024 acres, including the area roughly south of US Highway 1/64 and north and east of Southeast Cary Parkway, plus the Buck Jones Road corridor, Walnut Street south of Donaldson Drive, and the area west of Campbell Road and roughly east of and along Holly Springs Road north of Windstream Way. The plan includes recommendations for future land uses, roadways, parks, greenways, and sidewalks.

The approval of this Plan was done in three motions to address three separate areas.  

Matthew Danielson made a motion to recommend approval of seven staff recommendations with the exception of Royce/Ravenstone and Area 10.  The motion was seconded by Carla Sadtler and unanimously approved by a vote of 8-0.  

Carla Sadtler made a motion to recommend approval of staff’s recommendation for Area 10 without any specific requirements for future buffer widths.  The motion was seconded by Lori Bush and unanimously approved by a vote of 8-0.

Ervin Portman made a motion to recommend approval with one condition:  The Royce/Ravenstone connectivity issue should be addressed at the time a site plan comes thru, and that it not be considered at this time in a long-range plan.  The motion was seconded by Christopher Brooks and unanimously approved by a vote of 8-0.

H.

REZONINGS FOR PUBLIC HEARING AND ACTION:

 Please adhere to the following guidelines:

·  Proceed to the podium and state your name clearly.

·  Public testimony is limited to comments on new or substantially changed aspects of the request which have occurred following the public hearing held by the Town Council.

·  Be concise; avoid repetition; limit comments to five minutes or less, and designate a spokesperson for large groups.

·  Following your presentation, print your name on a form provided by the Board Secretary to ensure the official record reflects the correct information.

·  Provide the Board Secretary any documents or materials presented to the Board.  

1.

REZONING PETITION CASE  AND 04-REZ-06 LAND USE PLAN AMENDMENT PETITION CASE 04-LPA-03 WESTON AMENDMENT - HIGHWOODS  

Application by Withers and Ravenel, Inc. to rezone approximately 78.34 acres of land located in the Weston Planned Development District in the Cary Town Limits.  The land is currently zoned PDD for Office and Institutional (O&I) and Planned Employment Center (PEC) and is proposed to allow for residential use.  This request is being made on behalf of the following owner Highwoods Realty, LP.

LAND USE PLAN AMENDMENT PETITION 04-LPA-03

Application by Withers & Ravenel, Inc. to amend the Land Use Plan for approximately 78.34 acres of land located in the Weston Planned Development District in the Cary Town Limits.  The land currently has a Land Use Plan designation of OFC/IND, Office and Industrial within the Cary town limits and is proposed to be amended to HDR, High Density Residential on parcel O&I-2, and MDR, Medium Density Residential for the remaining three parcels.

This rezoning and associated land use plan amendments were handled in two separate motions since there were three different parcels being evaluated. 

Steve Goodridge made a motion to recommend approval of the requested amendment on parcels 2 & 3, with the condition that Town staff look at the pedestrian sidewalk situation on Norwell.  The motion was seconded by Lori Bush and unanimously approved by a vote of 8-0. 

Christy Perrin made a motion to recommend denial of parcel 1.  The motion was seconded by Matthew Danielson.  After discussion, the motion was withdrawn by Christy Perrin.  

Carla Sadtler made a motion to recommend approval of the amendment on parcel 1.  The motion was seconded by Lori Bush and approved by a vote of 7-1. (Christy Perrin having the dissenting vote.)

Public Comments

2.

REZONING PETITION CASE 04-REZ-07  WESTON PDD AMENDMENT-SBJ AND LAND USE PLAN AMENDMENT PETITION CASE 04-LPA-04 WESTON AMENDMENT-SBJ

Application by Withers and Ravenel, Inc. to rezone approximately 39.91 acres of land located in the Weston Planned Development District in the Cary Town Limits.  The land is currently zoned PDD for Office and Institutional (O&I) and Planned Employment Center (PEC) and is proposed to allow for residential use. This request is being made on behalf of the following owner:  SBJ Growth Limited Partnership.  

LAND USE PLAN AMENDMENT PETITION 04-LPA-04  

Application by Withers & Ravenel, Inc. on behalf of owners to amend the Land Use Plan for approximately 39.91 acres of land located in the Weston Planned Development District in the Cary Town Limits.  The land currently has a Land Use Plan designation of OFC/IND, Office and Industrial within the Cary town limits and is proposed to be amended to LDR, Low Density Residential.  The proposal would allow for residential use.  

Matthew Danielson made a motion to recommend approval of the amendment with two conditions:  1) occupants of the apartments receive airport noise notification, and,  2) staff’s recommendation of no clearcutting be included as agreed on by the applicant.  The motion was seconded by Ervin Portman and unanimously approved by a vote of 8-0.

Public Comments

I.

FOR INFORMATION:  

1.

Monthly Construction Activity Reports

2.

Monthly Site/Subdivision Activity Reports

J.

NEW/OLD BUSINESS:  

1.

ORDINANCE AMENDMENT – LDO Amendment - Schools APF

Motion was made by Wally Dawson to recommend approval to remove the Schools APF from the Land Development Ordinance.  The motion was seconded by Christopher Brooks and approved by a vote of 6-2.  (Lori Bush and Ervin Portman having the dissenting votes.)

K.

ADJOURNMENT:

Mr. Dawson adjourned the meeting at 10:40 p.m.