Town of Cary
Planning and Zoning Board

Monday, April 18, 2005

Minutes
6:30 p.m.

Temporary Council Chambers

Herb
Young Community Center
101 Wilkinson Avenue
, Cary, N.C.

  

            Present:  Kelly Commiskey, Christopher Brooks, Carla Sadtler, William Lyke,
                           Lori Bush, Harry Baulch, Steven Goodridge, Christy Perrin,
                           Matthew Danielson, Wally Dawson
 

            Staff Present:  JW Shearin, Travis Morehead, Beth Lewis, Angela Reincke,
                                   Bob Benfield, Tim Bailey, Jeff Ulma, Brenda Culbertson,
                                    Tom Horstman, Chris Simpson, Don Belk, Dick Moore,
                                    Philip Smith, Scott Ramage, Doug McRainey, Tammy Spivey,
                                    JoAnne Carlyle

A.  CALL TO ORDER (Chairman Dawson)  

B.  APPROVAL OF THE MINUTES OF THE March 21, 2005 MEETING
    
(Chairman Dawson)
     Lori Bush made a motion to recommend approval of the minutes, Christy Perrin
     seconded and the Board approved unanimously 10-0.  

C.  TOWN COUNCIL REPORT  

      1.  Town Council Meeting March 24, 2005 (Council Member Robinson)  

D.  SPECIAL PRESENTATION  

      2005 Clean Water Bond Referendum (Bill Coleman, Town Manager)  

E.  LAND DEVELOPMENT ORDINANCE (LDO) AMENDMENT FOR ACTION      

                 1.  Land Development Ordinance Round 4 PL05-021b (Angela Reincke)
                      Carla Sadtler made a motion to recommend approval of the LDO Round 4
                     
in support of staff’s recommendation which includes option 2, seconded by
                      Christopher Brooks and the Board approved 9-1 (Steven voted no due to the
                      motion not including quantification of length of time or frequency to help
                      protect business owners that are not aware of the regulation.)
          

     2.  Land Development Ordinance Amendment Section 7.11 – Transportation
          Development Fees EN05-040A
(Tim Bailey)
          Carla Sadtler made a motion to recommend approval of the LDO Amendment
          Section 7.11, William Lyke seconded and the Board unanimously approved 10-0.            

F.  Architecture Review Criteria PL05-040 (Angela Reincke)
     Carla Sadtler made a motion to recommend approval of staff’s recommendation,
     Christy Perrin seconded and the Board approved 9-1. (Steven Goodridge voted
     against the motion due to issues with transparency and the correlation of
     performance with function.)      

           G.  REZONINGS, LAND USE PLAN AMENDMENTS, AND CONCEPT
                 PLANS 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.   Land Use Plan Amendment 05-LPA-02 To Create A Neighborhood
            
Activity Center (Don Belk)
            Carla Sadtler made a motion to recommend approval of staff’s
            recommendation for 05-LPA-02 with the condition that the MDR 
            becomes mixed, seconded by Kelly Commiskey and the Board
            unanimously approved 10-0.   

            Planning & Zoning Board discussion of the neighborhood activity center
            proposed land use.
            Public Hearing Comments  

      2.   A.  Rezoning 04-REZ-29 Fairview Village Planned Development
                 District (PDD)
(Bob Benfield)
                
Matthew Danielson made a motion to recommend approval of the PDD
                 in support of the request submitted by the applicant, Christopher Brooks
                 seconded and the Board approved unanimously 10-0.  

The Planning and Zoning Board voted unanimously to recommend approval
of the request as submitted by the applicant.  The applicant’s submittal
included a section designated for Commercial/Mixed Use development.
Staff had recommended that this section be modified to include a mixed
use component that would have included residential dwelling units in the
medium density range. The Planning Board voted to keep the
Commercial/mixed use section as submitted by the applicant.
(A previous Land Use Plan amendment item for the Fairview Activity
Center, was recommended for approval by the Planning Board. 
The recommendation included replacing the proposed Medium Density
Residential (MDR) component of the plan with Mixed Use (MXD) designation.)  

            B.  Land Use Plan Amendment 04-LPA-19 (Bob Benfield)
                 
An associated Land Use Plan amendment from Low Density Residential
                  (LDR) and Commercial (COM) to Commercial (COM) and Medium Density
                  Residential (MDR), was not acted upon due to the recommendation of
                 approval of the Fairview Activity Center Land Use Plan amendment.                         

            C.  Fairview Village Activity Center Overlay District Designation
                 and
Activity Center Concept Plan 05-AC-001 (Bob Benfield)
                 Carla Sadtler made a motion to recommend approval of the ACCP/ACOD
                 in support of staff’s recommendation, William Lyke seconded and the
                 Board approved unanimously 10-0.  

      3.  Rezoning 04-REZ-30 Copperleaf Planned Development
           District (PDD)
(Angela Reincke)
           Matthew Danielson made a motion to recommend approval of the PDD
           in support of staff’s recommendation, Lori Bush seconded and the Board
          
approved unanimously 10-0.

           The Planning and Zoning Board had concerns about the future alignment of
           a north–south collector road which is illustrated on the Southwest Area Plan.
           In addition there were questions about the proposed alignment of an east-west
           collector road through the project.  This location was determined due to the
           restricted crossing of the American Tobacco Trail.  There were questions about
           the width and location of the proposed greenway/multipurpose trail and the trails
           internal to the development.
 

      4.  Rezoning 04-REZ-31 Trinity Ridge (Bob Benfield)
           Lori Bush made a motion to recommend tabling the proposal per the applicant’s
           request to the May 16, 2005 Planning and Zoning Board meeting.
           Christopher Brooks seconded and the Board approved unanimously 9-0.
          
(Matthew Danielson excused himself for personal reasons from the vote.)  

      5.  04-REZ-32 Bishop’s Gate Planned Development District
           (PDD) Amendment (Beth Lewis)
           Wally Dawson made a motion to recommend approval of the proposal in support
           of staff’s recommendation, William Lyke seconded and the Board approved by a
           vote of 7-3 (Kelly Commiskey, Christy Perrin, and Lori Bush voted no due to
           connectivity issues).  

           Planning & Zoning Board discussion involved concern over the
         Modena Drive connection. 
          

      6.  Activity Center Concept Plan 04-AC-007 High House (Beth Lewis) 
           Matthew Danielson made a motion to recommend approval of the proposal
           in support of staff’s recommendation, Kelly Commiskey seconded and the
           Board approved unanimously 10-0.  (No discussion)  

 H.  FOR INFORMATION  

      1.  Monthly Construction Activity Reports
      2.  Monthly Site/Subdivision Activity Reports
 

  I.  NEW/OLD BUSINESS  

  J.  ADJOURNMENT  11: 03 p.m.  

*********************************************************************************************************  

Please contact the Town of Cary Planning Department with any questions about this
agenda.  The e-mail address is brenda.culbertson@townofcary.org and the phone number
is (919) 469-4382.  Visit our website at www.townofcary.org for more detailed information
about each agenda item.  

“The Town of Cary is committed to providing all citizens with the opportunity to participate
fully in the public meeting process.  Any person with a disability who needs an auxiliary aid
or service in order to participate in any meeting may contact the Town Clerk at least 48 hours
prior to the meeting.  The e-mail address is sue.rowland@townofcary.org; the phone number
is (919) 469-4011; the TDD number is (919) 469-4012.”
 

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