Staff present:  Meredith Chandler, Bob Benfield, Juliet Andes, Jeff Ulma, Ricky Barker, Scott Ramage, JoAnne Carlyle, Philip Smith, Doug McRainey, Dick Moore

Board members present:  Christopher Brooks, Don Frantz, Bill Johnson, Julia Rudy, Scott Brookhart, Kelly Commiskey, Lori Bush, Harry Baulch, Matthew Danielson

Board members absent:  Carla Sadtler (arrives late as noted below)

A.  CALL TO ORDER  

B.  VOTE FOR VICE-CHAIRMAN 

Kelly Commiskey made a motion to nominate Carla Sadtler as the Vice-Chairman.  Don Frantz seconded, and the motion carries unanimously 9-0.  

C.  APPROVAL OF THE MINUTES OF THE January 17, 2006 MEETING

Matthew Danielson made a motion to approve the minutes.  Harry Baulch seconded, and the motion carries unanimously 9-0. 

D.  TOWN COUNCIL REPORT 

      1.  Town Council Meeting February 9, 2006 

E.     BUDGET PRESENTATION 

(Note:  Carla Sadtler arrived at 6:12 PM) 

 F.  LAND DEVELOPMENT ORDINANCE (LDO) AMENDMENT FOR ACTION  

       1.  Land Development Ordinance Round 7 
            This item has been administratively tabled until the March 20, 2006 Planning and Zoning Board meeting. 

 G.  REZONINGS, COMPREHENSIVE 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. 05-REZ-36 Chatham Pointe Planned Development District    

Matthew Danielson made a motion that the Planning and Zoning Board finds that this request is consistent with the current Town of Cary Comprehensive Plan for the reasons cited in the staff recommendation.  The Planning and Zoning Board recommends that this request be approved in accordance with Chatham Pointe Planned Development District submittal dated October 31, 2005.  This was seconded by Harry Baulch, and the motion carries unanimously 10-0.

2. 05-REZ-38  Nelson Property

Matthew Danielson made a motion that the Planning and Zoning Board recommends approval of the request for the following reasons:   

1.  This rezoning request is consistent with the Comprehensive Plan.  Specifically, the proposed rezoning is in conformance with the low density residential designation.
2.  The proposed zoning classification and density is suitable for the property and is similar to the existing zoning and density of adjacent properties.  This was seconded by Lori Bush, and the motion is unanimously approved 10-0. 

3. Cary Park Planned Development District Amendment       
    A. 05-LPA-22 Land Use Plan Amendment (same link as item B)
    B. 05-REZ-37 Cary Park Planned Development District Amendment

Lori Bush made a motion that the Planning and Zoning Board recommends approval of the comprehensive land use plan amendment and associated rezoning in accordance with the amended planned development application submitted October 31, 2005 based on the following reasons: 

1.  The land use plan amendment to Office and Institutional represents a compatible change to its current land use plan designation of  Institutional. With the approval of the land use plan amendment, this rezoning amendment will be consistent with the Comprehensive Plan.  Specifically, the proposed rezoning will provide for uses that are consistent with the land use plan designation.
2.  In addition, the original intention for the parcel as a Public Safety Station or Transportation Facility is not feasible.  This was seconded by Kelly Commiskey, and the motion carries unanimously 10-0.

4.  Alston

Kelly Commiskey made motion to excuse Matthew Danielson for personal reasons from voting on Alston.  This was seconded by Christopher Brooks, and the motion carries by a vote of 8-1 (Don Frantz votes no).
           
            A. 05-LPA-17 Land Use Plan Amendment

Kelly Commiskey made a motion to approve the land use plan amendment.  This was seconded by Harry Baulch, and the motion carries by a vote of 8-1 (Don Frantz votes no). 

    B. 05-REZ-19 Alston Activity Center Overlay District      

Kelly Commiskey made a motion that the Planning and Zoning Board recommends approval of the Alston Activity Center Overlay District rezoning as requested and described in the Planning and Zoning Board Impact Statement.  Specifically, the Planning and Zoning Board recommends the approval of the Alston Activity Center Overlay District rezoning for the following reasons: 

1.  With the approval of the Comprehensive Plan Amendments that are supported by staff, this rezoning request will be consistent with the Comprehensive Plan.  Specifically, the proposed rezoning provides for an activity center concept plan that is in conformance with the Comprehensive Plan’s designation for a mixed used regional activity center.  

2.  The rezoning allows for future uses that are compatibility with adjacent zoning districts and with the surrounding land uses.  This was seconded by Harry Baulch, and the motion carries by a vote of 8-1 (Don Frantz votes no).

     C.  05-AC-005 Alston Activity Center Concept Plan

1)   The Board recommended approval of the revised plan and comments and responses matrix for 05-AC-005 Alston ACCP with the following additions and exceptions:

a)   “Big Box” Retail Sizes:  The Board recommends that Council be able to approve “big box” retail sizes above the limit recommended in the ACCP, provided that structured parking is provided [so that no additional land is consumed for parking].

b)   Maximum Building Heights:  The Board recommends that the Planning Director be able to approve a maximum of a 20% building height increase above the by-right maximum.

c)   Development Allocation Shifting:  The Board recommends that the amount of commercial or office space allocation within a TAZ that can be shifted out of a use category to other uses, per the ratios recommended by staff, should be limited to a certain maximum percentage of the total space allocated for the use by right, allowing for a greater percentage with Director approval, and a greater percentage with Council approval.  The Board directed staff to prepare some reasonable percentages for Council consideration.

d)   Interchange Landscaping:  The Board recommended that text be added to the Plan to state that developers are “encouraged” to provide such landscaping, although it is not required.

e)   Review of the Plan:  The Board recommends that the ACCP be reviewed by staff either within 2 years, or at such time as development plans have been approved for 50% or more of the plan area.

2)     In addition, the Board made the following related recommendations:

a)   The Board voted 9-0 to recommend that Council direct Town staff to investigate and review the Town’s current policies regarding: 

i)    The minimum acceptable size for a public park, square, plaza, or green.   Existing policy limits parkland dedication to minimum sizes of 5 acres or more.  The recommendation is to evaluate policy changes that would allow the Town to accept ownership and/or maintenance of public squares, greens, or parks of less than 5 acres.

ii)   Treatment of the NW Area Plan’s recommended 400 ft. open space corridors.  Investigate and evaluate changes to the Town’s policies regarding developer credit or compensation for open space provided beyond the regulatory stream buffers.

b)   The Board recommended that the Town form a study group to investigate the Town’s policy options in the event the Western Wake Expressway portion of I-540 were not built, including investigation of a toll freeway and updates of the Transportation Plan, traffic models, and the Comprehensive Plan.

Carla Sadtler made a motion to approve the activity center concept plan.  This was seconded by Christopher Brooks, and the motion carries by a vote of 8-1 (Don Frantz votes no). 

 H.  Adjourned:  9:48 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.