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

Staff Present:  Jeff Ulma, Ricky Barker, JW Shearin, Chris Simpson, JoAnne
Carlyle, Angela Reincke, Don Belk, Philip Smith, Betsy Pearce, Dick Moore, 
Doug McRainey, Bob Benfield, Juliet Andes, Debra Grannan  

A.  CALL TO ORDER (Chairman Dawson)  

B.  APPROVAL OF THE MINUTES OF THE July 18, 2005 MEETING

      Kelly Commiskey made a motion to approve the July 18, 2005 minutes.  This
      was seconded by William Lyke, and the motion passed by a vote of 9-0.  

C.  TOWN COUNCIL REPORT  

      1.  Town Council Meeting July 28, 2005 (Council Member Robinson)  

D.  LAND DEVELOPMENT ORDINANCE (LDO) AMENDMENT FOR ACTION     

                 1.  Land Development Ordinance Round 5 - PL05-030c (Don Belk) 
                      (No Public Hearing Required by Planning & Zoning Board)   
                      Christy Perrin made a motion to table action on the LDO Round 5 rezoning
                      petition until later in the agenda. This was seconded by William Lyke, and
                      the motion passed by a vote of 9-0. 
              
                      Wally Dawson made a motion to re-consider the LDO amendment for
                      action.  William Lyke seconded, and the motion passed by a vote of 9-0.  
       
                      Carla Sadtler made a motion to approve the LDO Round 5 with two
                      modifications:  1) maximum density bonus option remains at 
                      10 units/acre; not 12 as proposed, 2) minimum lot size is 8,000 square feet, 
                      not 6,000 square feet.  This was seconded by Christy Perrin, and the motion
                      passed by a vote of 7-2.
                      Christopher Brooks and Harry Baulch voted against approval of the motion.  

E.  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.  Rezoning Petition  05-REZ-17  Conservation Residential 
                      Overlay District (Don Belk) (Public Hearing Required by Planning 
                      & Zoning Board)  

Carla Sadtler made a motion to approve the conservation residential
overlay district. This was seconded by Christy Perrin, and the motion
passed by a vote of 7-2.  Christopher Brooks and Harry Baulch voted 
against approval of the motion.  

Concerns discussed:  There was discussion about density bonus and
minimum lot size.  

                 2.  Land Use Plan Amendment  05-LPA-06 Carpenter
                      Community Plan (Don Belk)
                      (Public Hearing Required by Planning & Zoning Board)
                      
                      Matthew Danielson made a motion to approve the land use plan 
                      amendment. This was seconded by Kelly Commiskey, and the motion
                      passed by a vote of 9-0.
    
                      The Board did not voice concerns regarding this item and supported staff’s
                      recommendation.  

                 3.  Rezoning Petition 05-REZ-16 Carpenter Hatcher Planned
                      Development District (PDD) 
                      (Don Belk) (Public Hearing Required by Planning & Zoning Board)  

                      Matthew Danielson made a motion to approve the rezoning petition.  
                      This was seconded by Kelly Commiskey, and the motion passed by
                      a vote of 9-0.  

          The Board did not voice concerns regarding this item and supported 
          staff’s recommendation.  

                 4.  Activity Center Concept Plan Petition 05-AC-003 Tryon Plaza
                      (Angela Reincke) (No Public Hearing Required by Planning & Zoning Board)  

Harry Baulch made a motion to approve the activity center concept plan
petition. This was seconded by Christopher Brooks, and the motion passed 
by a vote of 9-0.  

Concerns discussed:
1) Why was the entire quadrant not a part of the Concept plan;
2) How was it determined that a Drug Store met the specific notes of 
    the area plan
3) If the proposed uses were to cease operations would the specific
    requirements of the area plan override the available function of the
    building.  

                 5.  Rezoning Petition  05-REZ-14 Mills Property (Angela Reincke)
                      (No Public Hearing Required by Planning & Zoning Board)

                      Matthew Danielson made a motion to approve the rezoning petition. 
                      This was seconded by Christy Perrin, and the motion passed by a
                      vote of 9-0.  

                      Concerns discussed:
                      1) The density of the project;
                      2) The project being located within the proposed Conservation Overlay
                          District
                      3) The total number of units proposed.  

                 6.  Rezoning Petition 05-REZ-15 Havensite Planned Development
                      District (PDD) And Land Use Plan Amendment 05-LPA-05
                      (Bob Benfield) (Public Hearing Required by Planning & Zoning Board)
 
                      Kelly Commiskey made a motion to approve the rezoning petition.  This
                      was seconded by Steven Goodridge, and the motion passed by a
                      vote of 9-0.  

                      Concerns discussed:  The proposed change in land use designation and
                      the amount of buffer adjacent to the proposed site.  

                 7.  Rezoning Petition 05-REZ-13  Macedonia Planned Development 
                      District (PDD) Amendment (Juliet Andes) (No Public Hearing Required
                      by Planning & Zoning Board)
 
                      Steven Goodridge made a motion to approve the rezoning petition with the
                      exception of the deletion of the north-south collector road condition from the
                      original PDD.  This was seconded by Christopher Brooks, and the motion
                      passed by a vote of 6-3.  Wally Dawson, Carla Sadtler, and Kelly Commiskey
                      voted against the motion.                  

                     Concerns discussed:  Support for the land use portion of the amendment; 
                     and discussion with regard to maintaining the collector road condition in the 
                     original PDD document.  

F.  FOR INFORMATION  

      1.  Monthly Construction Activity Reports

      2.  Monthly Site/Subdivision Activity Reports  

G.  ADJOURNMENT  9:43 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 a.m. and Wednesday
at 7:30 p.m.