Present:  
Wally Dawson, Carla Sadtler, Steven Goodridge, Kelly Commiskey, Christopher Brooks, 
Matthew Danielson, William Lyke
Absent:
Harry Baulch and Lori Bush arrived after the vote on approval of the September minutes.
Staff Present: 
Jeff Ulma, Debra Grannan, JW Shearin, Tom Horstman, Bob Benfield, Tammy Spivey, 
JoAnne Carlyle, Dick Moore, Angela Reincke, Phil Smith, Doug McRainey, Ricky Barker,
Chris Simpson, Jennifer Currin, Brenda Culbertson 

A.  CALL TO ORDER (Chairman Dawson) 

B.  APPROVAL OF THE MINUTES OF THE September 19, 2005 MEETING 

Matthew Danielson made a motion to approve the September 19, 2005 minutes.
This was seconded by Christy Perrin, and the motion passed by a vote of 8-0.

C.  TOWN COUNCIL REPORT

      1.  Town Council Meeting: October 20, 2005 (Council Member Robinson)

D.  SITE/SUBDIVISION PLAN

      1.  Subdivision Plan 05-SB-015 Terrington Subdivision (Bob Benfield)

Wally Dawson made a motion to table 05-SB-015 until the November 21, 2005
Planning And Zoning Board meeting.  This was seconded by Carla Sadtler, and
the motion passed by a vote of 10-0. 

Disscusion:  Carla Sadtler had a concern about going into the riparian buffers. 
Wally Dawson wanted stormwater issues to be addressed.

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.  Young Property (Debra Grannan)
           A. 05-LPA-14
           B. 05-REZ-24 

Christy Perrin made a motion to approve both 05-LPA-14 and 05-REZ-24. 
This was seconded by William Lyke, and the motion passed by a vote of 10-0.

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

       2.  Twin Lakes Planned Development District 
            Amendment 05-REZ-34     

Steven Goodridge made a motion to approve 05-REZ-34.  This was seconded
by Kelly Commiskey, and the motion passed by a vote of 10-0. 

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

       3.  Horton (Angela Reincke)
            A. 05-LPA-07                 
            B. 05-REZ-12 Activity Center Overlay District
            C. 05-AC-002 Activity Center Concept Plan
            D. 05-REZ-11 Planned Development District   

3.  Horton
A.  Matthew Danielson made a motion to vote against staff’s recommendation 
for denial, and to approve 05-LPA-07.  Kelly Commiskey seconded, and the 
motion passed by a vote of 6-4.  Steven Goodridge, Christy Perrin, Lori Bush, 
and Harry Baulch voted in support of staff’s recommendation for denial.

B.  Matthew Danielson made a motion to vote against staff’s recommendation
for denial, and to approve 05-REZ-12.  Kelly Commiskey seconded, and the motion
was a tied by a vote of 5-5.  Christy Perrin, Lori Bush, Harry Baulch, Steven
Goodridge, and Wally Dawson voted in support of staff’s recommendation for denial. 

C.  Matthew Danielson made a motion to vote against staff’s recommendation
for denial, and to approve 05-AC-002.  Kelly Commiskey seconded and the
motion passed by a vote of 6-4.  Christy Perrin, Steven Goodridge, Lori Bush, 
and Harry Baulch voted in support of staff;s recommendation for denial.  

D.  Matthew Danielson made a motion to vote against staff’s recommendation
for denial, and to approve 05-REZ-11.  Kelly Commiskey seconded, and the motion 
passed by a vote of 6-4.  Christy Perrin, Steven Goodridge, Lori Bush, and Harry
Baulch voted in support of staff’s recommendation for denial.  

Concerns Discussed:

Amberly Town Center- What is planned for the Amberly Town Center?  The 
PDD allows for up to 240,000 square feet of commercial, 125,000 square feet
of office or institutional uses, 800 residential units which also includes the 
option for congregate care.  The developer for Amberly had a representative 
confirm that they are working on plans within this framework.

Alston Regional Activity Center-What is proposed for the area west of the
Horton project across Green Level to Durham road?  This area is designated
as part of Evans Farm.  It is approximately 50 acres with 600 units translating
to a density of 13 units per acre.

Transitions- Why is a transition of uses necessary or supported by staff? 
What is needed within that transition?  Where should the transition occur? 
How much impact does this transition have on the project?  Staff supports that
the Horton project does not provide an appropriate transition from the commercial 
development and/or high density development that is or will be located at the
northern portion of this project or located within adjacent
parcels. Staff recognizes that the proposal of medium density does however
provide a transition from commercial to the low density residential in
Weycroft.  The reason behind discussing transition really falls into line with
the fact that this projects gross density is below medium density residential
and its net density is so close to the lowest density required for medium 
density that is does not provide a mix of densities to transition within the 
site and only provides a single use type and density that is not appropriate
at the location proposed within the activity Center
and within such a close proximity of the higher intensity uses to the north, 
west and east.  Staff worked closely with the applicant with requests and
concepts for providing the desired transition as well as trying to in crease
the densities to function with this activity center and no alternatives
were proposed by the applicant.  IN addition, the applicant informed the
Planning and Zoning Board that they had looked in to other options but
had decided that there was no interest in pursuing any other alternatives
than the original proposal. In addition, they support that the lot dimensions
at 120 to 140 feet in length as well as the 50 foot buffer and 15 landscape
easements adequately protected future Horton residents from impact
of adjacent high density and/or commercial development.

Pedestrian and Vehicular Access- Will vehicular and pedestrian
connection be required from the residential to the commercial property
within the ACCP?  Aren’t connections between the residential and
non-residential uses a requirement of the ACCP?  Although the current
plan provided shows no vehicular access directly to the north, the
two collectors provided indicate direct access for Horton residents
into the commercial tract within the ACCP as well as to the adjacent
Amberly Town Center property.  Although this might appear to be
an indirect link it is presumed that access to O’Kelly Chapel Road
would be limited to the commercial corner within the proposed ACCP
and therefore the appropriate connection would 
be made along the collector road through the commercial property
to O’Kelly Chapel Road  

       4.  Stalls Medical 05-REZ-23 (Angela Reincke)  
Steven Goodridge made motion to approve 05-REZ-23.
This was seconded by William Lyke, and the motion passed
by a vote of 9-1.    

Concerns Discussed:

Lighting- What type of lighting would be found at this project?  Lighting
of car dealerships is an issue.  This project would be required to meet
the town lighting standards, and this project would also have to be laid
out to meet the design guidelines for activity centers including pulling 
the buildings up to the street front with the vehicles for sale located to
the side and rear of the structure.  The Community Appearance Manual 
building design guidelines would also be required for this structure. 
All of these would be addressed at the time of site plan review and
approval.  

Site Layout and Appearance-How was this use going to look and what
is the impact of this use on the adjacent community?  This project will
have to meet all the design guidelines, appearance manuals and ordinance
requirements.  In addition, the plan will be reviewed
by the Town Center Review Committee.

Buffers- what type of buffer would be required to adjacent property?  Please
note that the property is within the Town Center Area.  Therefore it is not
specifically what type of buffer is required, but how the intent of that 
requirement is met.  The Town Center Design Guidelines 
state, “All landscaping, screening and fencing will be adequate, with respect
to the effectiveness of their type, dimensions and character will be adequate
with respect to minimizing the economic, noise, glare, odor, and other 
impacts adjoining properties and other properties
within the neighborhood.  For example and Class 6 land use
(Vehicles and Equipment adjacent to a Class 2 land use (Single family
detached residential on lots 8,000 square feet or larger that are 
locates on non-residential zoned property shall be classified as 
vacant non-residential for determining the required buffer) would be
required to have a 65 type “A” buffer.  In this case the entire 65 feet may
not be required as long as the intent of the Type A was met.

       5.  Weldon Ridge Planned Development District Amendment 
            (Angela Reincke)
             A. 05-LPA-18                   
             B. 05-REZ-27

Carla Sadtler made a motion to deny approval of 05-LPA-18 and 05-REZ-27. 
This was seconded by William Lyke, and the motion passed by a vote of 7-3. 
Christopher Brooks, Matthew Danielson, and Harry Baulch voted against the
motion and in support of staff’s recommendation to approve the requests. 

Concerns Discussed:

Buffers-Several members thought the buffer located adjacent to the American
Tobacco trail was not sufficient.  Development is to close with to many units
adjacent to the American Tobacco trail and does not maintain the rural character
of the area.

Chatham County- The Board discussed the effort regarding the joint Planning 
process between Cary and Chatham County.  Although Town of Cary staff
sends copies of all proposals provided form applicants and sends impact 
statements for projects, there is still little to no new efforts on the part of 
Chatham County to provide a forum for joint planning.

Jordan Lake and watershed protection- Several members discussed
the protection of the watershed and the natural amenities of Jordan Lake.
Water quality, septic issues and other environmental concerns were raised.

Southwest Area Plan- This project includes one parcel within the
Southwest Area Plan (SF-9)  Changes brought about by discussion
related to this item have caused the applicant to provide changes which 
include minimum lot sizes of 20,000 square feet, a density of 1.0 dwelling
units per acre with the additional dedication of primary open space
and for consistency, 20,000 square foot minimum lots along the
ATT in SF-7.

Road Alignment- Several members felt the alignment of Yates Store
Road County-Line Road) is inappropriate due to the proximity to Green
Level Church Road (Lewter Shop Road) providing too many crossings 
of the American Tobacco trail. This road is shown on the Town’s 
Transportation Map, but a functional alignment has not been completed
and the exact final location has not been determined. 
However, it does go south of the American Tobacco trail providing
a north to south connection on the western edge of Cary.   

       6.  Amberly Planned Development District Amendment
            (Bob Benfield) 
             A. 05-LPA-13 Public Hearing Required 
             B. 05-REZ-26 (BB) No Public Hearing Required   

Lori Bush made a motion to approve 05-LPA-13 and 05-REZ-26. This was
seconded by Kelly Commiskey, and the motion passed by a vote of 10-0. 

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

       7. Laurel Park Planned Development District (Bob Benfield) 
             A. 05-LPA-12 Public Hearing Required
             B. 05-REZ-28 Public Hearing Required 

Kelly Commiskey made a motion to approve 05-LPA-12 and 05-REZ-28. 
This was seconded by Harry Baulch, and the motion passed by a vote
of 10-0.

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

       8.  Woodland Terrace  (Philip Smith)
             A. 05-LPA-15 
             B. 05-REZ-25 (PS)  

A.  Christy Perrin made a motion to approve 05-LPA-15.  William Lyke 
seconded, and the motion passed by a vote of 10-0.   

B.  Christy Perrin made a motion to approve 05-REZ-25.  Lori Bush 
seconded, and the motion passed by a vote of 10-0. 

Concerns Discussed:

Buffer—What is to be planted in the supplemental 20’ buffer?  The 
supplemental buffer is to consist of a 3-4’ berm, a 5-6’ fence and 
plantings. Additionally the applicant will 
remove storm debris from the existing 50’ buffer.

Connectivity—What connections will be required from Woodland Terrace
to the property to the north?  The site plan was amended to show a 
connection to the property to the north. 
The applicant is concerned about this connection because of the
possible endangerment to the senior residents who may be visually
or hearing impaired.  The applicant will be 
allowed to dedicate the right-of-way and post a construction bond
rather than construct the stub at this time. 

       9.  Dilweg Property 05-REZ-29 (Philip Smith) 

Matthew Danielson made a motion to approve 05-REZ-29.  Christopher
Brooks seconded, and the motion passed by a vote of 10-0. 
  
The Board did not voice concerns regarding this item and supported 
staff’s recommendation.  

F.  FOR INFORMATION

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

G.  ADJOURNMENT
     10:31 PM  

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.