P&Z Board Members Present:  Joy Wayman, Kelly Commiskey, Carla Sadtler, Scott Brookhart, Kelly Commiskey, Christopher Brooks, Don Frantz, Julia Rudy, Harry Baulch, Matthew Danielson, Lori Bush   

Staff Present:  Scott Ramage, Ricky Barker, Jeff Ulma, Philip Smith, Greg Barnes, Doug McRainey, Dick Moore, JoAnne Carlyle

A.  Call to Order (Chairman Brooks) 

B.  Approval of the Minutes (Chairman Brooks)
1.  May 15, 2006 Meeting
Harry Baulch made a motion to approve the minutes.  Matthew Danielson seconded, and the motion carried unanimously 10-0.

C.  Town Council Report
1.  Town Council Meeting June 8, 2006 (Council Member Smith)  

D.  Rezoning, Comprehensive Plan Amendment or Activity Center Concept Plan with a Public Hearing:

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.  Bashyam Property Comprehensive Plan Amendment 06-CPA-03 

Public hearing speakers for this request:

Mr. Michael Lattner and Mr. Joe Meir, representing the applicant, presented their proposal.

1.  Requests have been modified based on meetings with neighborhood groups and Town Council.

2.  Believes that the annual daily trip (ADT) cap is too low and did not include trips generated from office and residential uses.

3.  Believes the request should be approved because the traffic study shows there is adequate capacity at this intersection for the proposed uses.

Two nearby residents spoke in favor of the request for the following reasons:

• Convenience of having retail within walking distance
• Support for mixed use development

Matthew Danielson made a motion to modify option 1 to replace the provision limiting the maximum single tenant retail user on the SW quadrant to 50,000 sq ft for the text currently used for the NW quadrant namely that individual non-grocery retail spaces should not exceed 30,000 sq ft. as referred to in the motion in the staff report.  Harry seconded, and the motion carried by a vote of 6-4.  (Kelly Commiskey, Lori Bush, Carla Sadtler, and Don Frantz voted no.)

Summary of discussion after the motion:

1.  Concerned that the increase in trips would go against maintaining a Neighborhood Activity Center that nearby existing residents want to maintain.

2.  Good location for mixed-use, but asking for a 53% increase in traffic is too much.

3.  Concern with increased noise from buffer reduction by the railroad from 100’ to 30.

4.  This is a fairly recent land use plan with lots of input from residents and there is no compelling reason to change it.

5.  Traffic issues at this intersection are more from people traveling through the area rather than that generated from the uses in all these quadrants.

6.  Changing the land use at this quadrant would upset the balance in terms of traffic.

7.  The ADT cap was arrived at arbitrarily; limiting the uses based on this doesn’t seem appropriate.

8.  Retail, restaurants, banking in this area are good; residential uses with the adjacent railroad track and future TTA trains. 

2.  Phillips Place Comprehensive Plan Amendment 06-CPA-04

Joy Wayman made a motion to forward 06-CPA-04 to Town Council with a recommendation for approval according to the wording in the staff report.  Don Frantz seconded, and the motion carried unanimously 10-0.

There was no discussion after the motion.  

E.  Rezoning, Comprehensive Plan Amendment, or Activity Center Concept Plan with no Public Hearing:

1.  Crossroads Activity Center Overlay District Amendment 06-REZ-09 

Harry Baulch made a motion to forward 06-REZ-09 to Town Council with a recommendation for approval according to the wording in the staff report.  Scott Brookhart seconded, and the motion carried unanimously 10-0.

There was no discussion after the motion.

2.  Piney Plains Activity Center Concept Plan 06-AC-01 presented by Ricky Barker 

Public Feedback comments:

Jerry Turner, representing Gateway Homes, summarized the changes to the plan since the Town Council public hearing.  

1.  Reducing the number of units below 300

2.  About 50% of the project is in open space. 

3.  The original access points remain the same, the main entrance off Dillard Drive and Piney Plains Road, and the secondary entrance off Stephens Road. 

4.  Since the public hearing, he’s had meetings and discussions with the adjourning neighbors.  Still working with them to resolve issues, and feels they have done most of the things they’ve been asked. 

5.  He feels this project is a great transition between the Ford Crossroads lot and the existing residential in Wellington and to the southwest down Stephens Road.  This is in conformance with the Comprehensive Plan.

6.  Several nearby residents voiced the following concerns:

They wanted the P&Z Board to say no to 300 town homes in an environmentally sensitive and congested area.  A valid protest petition has been submitted.  Specific issues they discussed and wanted addressed:

• Lack of transition from high density residential (HDR) to low density residential (LDR)
• Storm water runoff in the neighborhood causing flooding
• Traffic congestion
• Noise from Highway 1 and 64
• Significant adverse impact on the natural environment and wildlife

Lori Bush made a motion to forward to Town Council a recommendation for denial of 06-AC-01.  This was seconded by Don Frantz, and the motion carried by a vote of 6-4.  (Harry Baulch, Joy Wayman, Julia Rudy, and Christopher Brooks voted against the motion to deny the request.)  

Summary of the Discussion after the motion:

1.  Concern that the project is still too density; Crossroads area is not considered a walkable community.

2.  Office and Institutional (O/I) which is the existing zoning would be worse.

3.  The proposal is close, but a lot more work needs to be done.  Even the 5-year storm plan isn’t enough in this area.

4.  Need more of a transition to the low density residential.

5.  The proposal of 9.4 units per acre is better for traffic than the existing O&I zoning.

6.  The burden of reducing flooding should not be placed entirely on this property owner.  The property owner is doing more than what’s required to reduce the impact of storm water on adjacent properties.

7.  The flooding issue should be evaluated and addressed by the Town.  We may need to delay development in this area until the issue is resolved.
 
3.  RDU Associates Property Rezoning 06-REZ-07 presented by Ricky Barker 

Matthew Danielson made a motion to forward to Town Council with a recommendation for approval according to the wording in the staff report.  This was seconded by Kelly Commiskey, and the motion carried unanimously 10-0.

There was no discussion after the motion.

4.  Panther Creek Planned Development District Amendment 06-REZ-18 presented by Scott Ramage 

Kelly Commiskey made a motion to forward 06-REZ-18 to Town Council with a recommendation for approval according to the wording in the staff report.  This was seconded by Don Frantz, and the motion carried unanimously 10-0.

There was no discussion after the motion.

5.  Village at the Park Activity Center Overlay District 06-REZ-12 presented by Philip Smith 

Don Frantz made a motion to forward 06-REZ-12 to Town Council with a recommendation for approval according to the wording in the staff report.  Kelly Commiskey seconded, and the motion carried unanimously 10-0.

There was no discussion after the motion.  

6.  Village at the Park Activity Center Concept Plan 06-AC-03 presented by Philip Smith

Matthew Danielson made a motion to forward 06-AC-03 to Town Council with a recommendation for approval according to the wording in the staff report.  Kelly Commiskey seconded, and the motion carried unanimously by a vote of 10-0.

Discussion after the motion:

A P&Z Board member asked that it be noted on the concept plan that the Kitt Creek Parkway road alignment is under discussion.

F.  For Information 

1.  Monthly Site/Subdivision Activity Reports

G.  New Business

A P&Z Board member made a request of staff for future rezoning requests with a protest petition.   That we identify the protest petition within the staff report, where it is, and if there is a reason identified with the protest petition. 

H.  Adjournment:  9:06 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 a.m. and Wednesday at 7:30 p.m.