Board Members Present:  Christopher Brooks, Carla Sadtler, Kelly Commiskey, Scott Brookhart, Bill Johnson, Lori Bush, Matthew Danielson, Don Frantz, Harry Baulch, Julia Rudy  

Staff Present:  Debra Grannan, Juliet Andes, Terry Warren, Philip Smith, Jeff Ulma, Ricky Barker, JoAnne Carlyle, Dick Moore, Angela Reincke  

A.  CALL TO ORDER (Chairman Brooks)  

B.  APPROVAL OF THE MINUTES OF THE February 20, 2006 MEETING

Lori Bush made a motion to table the minutes until the April P&Z Board meeting so that they may be amended to include more details regarding the Board’s votes on Alston.  Carla Sadtler seconded, and the motion carried unanimously 10-0.  

C.  TOWN COUNCIL REPORT  

      1.  Town Council Meeting March 9, 2006 (Jeff Ulma)  

D.  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.  

Kelly Commiskey made a motion that the Board change the order of agenda items to consider the rezoning cases before the LDO Round 7 amendment presentation.  Matthew Danielson seconded, and the motion carried unanimously 10-0. 

1.   05-REZ-39 w/05-LPA-23 (Debra Grannan) Cameron Pond Estates
Matthew Danielson made a motion to recommend approval of the land use plan amendment for the following reasons:  

1. The requested Land Use Plan Amendment provides a more compatible transition in density south of the existing Cameron Pond PDD than does the current Medium Density Residential (MDR) designation.  The proposed Low Density Residential (LDR) designation is thus in keeping with the Land Use Plan’s overall philosophy of providing gradual transitions between uses and densities.
2. The proposed residential density category – Low Density Residential – is equivalent to the density pattern established immediately north of the site in Cameron Pond PDD. 
3. There are stream buffers on the southern and eastern edges of the site that will still provide an adequate buffer transition between the site and the Wackena and Twyla Road neighborhoods to the south and east, which are Very Low Density Residential.

Kelly Commiskey seconded, and the motion carried unanimously 10-0.  

Lori Bush made a motion to recommend approval of the rezoning request for the following reasons:

1. This request is consistent with the Land Use Plan Amendment which is supported by staff.
2. The proposed density of this site is similar to the adjacent development and adequate protection is provided through our Land Development Ordinance regulations.
3. The condition to limit the number of lots to 50 reduces the impact on existing property owners to the east and south of the site beyond the impact that would have been felt if this property remained medium density residential.

           Lori Bush added a recommendation that the developers stipulate to future
           homeowners that this development is next to an adjacent future I-540.  Kelly Commiskey
           seconded, and the motion carried unanimously 10-0.

2. 05-REZ-40 (Debra Grannan) Sears Farm PDD AMD  

Christopher Brooks made a motion to excuse himself from the discussion.  Carla Sadtler seconded, and the motion carried unanimously 10-0.   

Don Frantz made a motion to approve the rezoning request per Staff’s recommendation for the following reasons:  

a)    with Staff’s supported amendment to the land use plan, the request will be consistent with the Comprehensive Plan

b)     the condition provides for greater compatibility with the surrounding area  

Kelly Commiskey seconded, and the motion carried unanimously 9-0.
Carla Sadtler made a motion to bring Christopher Brooks back into the meeting.  Matthew Danielson seconded, and the motion carried unanimously 10-0.  

E.  LAND DEVELOPMENT ORDINANCE (LDO) AMENDMENT FOR ACTION

      1.  Land Development Ordinance Round 7 PL06-024a (Angela Reincke)   

Matthew Danielson made a motion to discuss and vote on Items 1-10, 12, 23, 39, & Item P and then table the other items until after a work session.  Bill Johnson seconded and the motion was denied by a vote of 2-8.  (Matthew Danielson and Bill Johnson vote in favor of the motion.)  

Kelly Commiskey made a motion to forward the amendments identified alphabetically to Town Council as recommended by staff, except for item “O” (which was pulled for later discussion).  Matthew Danielson seconded, and the motion carried unanimously 10-0.  

Christopher Brooks made a motion that items 1-10 of Round 7 be approved as presented by Staff.  Julia Rudy seconded, and the motion is denied by a vote of 2-8 (Christopher Brooks and Julia Rudy vote in favor of the motion.)    

Christopher Brooks made a motion to recommend approval of the remaining amendments for the reasons as follows:  

a)   The amendments are consistent with and further the goals of the Comprehensive Plan  

b)   They are reasonable and are designed to address public concerns/issues as found in our votes 1-38 and A through V (from previous straw votes on LDO items) and minus the ones that were removed.  

Kelly Commiskey seconded, and the motion carried unanimously 10-0 with the following to be included in the Board’s recommendation:

·     The Board recommended approval of item 11 with a request that all ACCP references be removed.   

·     The Board recommended approval of item 13 with a request that the term “State qualified professional” be better defined.   

·     The Board recommended approval of item 29 with a request that the term “financial guarantee” be more clearly defined.  

·     The Board recommended approval of item 32 with a request that Staff further clarify the wording to reflect that advertising is restricted.   

·     The Board recommended approval of item 35 with a request that there be three (3) signs instead of the proposed options of two or four.

 F.   ADJOURNMENT   9:08 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 .