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

Board Members Absent:  Kelly Commiskey 

Staff Present:  Jeff Ulma, Ricky Barker, JoAnne Carlyle, Philip Smith, Scott Ramage, Dick Moore, Paul Kuhn, Debra Grannan   

A.  Call to Order (Chairman Brooks) 

B.  Approval of the Minutes of the July 17, 2006 Meeting (Chairman Brooks)

Don Frantz made a motion to approve the minutes.  Matthew Danielson seconded and the motion carried unanimously 9-0.

C.  Town Council Report (Council Member Robinson) 

1.  Town Council Meetings July 27, 2006 and August 10, 2006  

D.  Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan (formerly Activity Center Concept Plan) requests with a public hearing: 

Please adhere to the following guidelines: 

Before 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 to be presented to the Board.

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. 

1.  05-CPA-21:  Reedy Creek Comprehensive Plan Amendment has been tabled. 

2.  06-CPA-06 McCrimmon Corners Comprehensive Plan Amendment

Motion to Recuse:  Matthew Danielson informed the Board that he would prefer to recuse himself from involvement in this specific matter due to his possible conflict of interest.  Don Frantz made a motion to recuse Matthew Danielson from involvement in this request.  Motion was seconded by Lori Bush and the motion carried with a unanimous vote 8-0.

Motion to Approve:  Joy Wayman

Second:  Harry Baulch

Discussion:  None

The Board voted 8-0 to recommend that council adopt an ordinance allowing this request for the Comprehensive Plan Amendment, that it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  The Board determined this action to be reasonable and in the public interest.  The requested amendment supports the economic development goals of Research Triangle Park, the requested amendment conforms to local and regional “smart growth” policies that encourage the provision of housing close to a major employment center, and the requested amendment provides a reasonable transition to adjacent land uses.

Motion for Member to Rejoin Board:  Don Frantz made a motion to bring Matthew Danielson back into the meeting.  This was seconded by Lori Bush, and the motion carried unanimously 8-0.

3.  06-REZ-03:  Fryar Planned Development District

Motion to Approve:  Matthew Danielson

Second:  Julia Rudy

Discussion:  A Board member stated she would vote against this rezoning.  She has objections to the proposed Commercial piece and voted against the comprehensive plan amendment associated with this request for the same reason.  There had been discussion of looking at re-doing the land use plan in the area, and if this is what the residents in that area wanted, the whole area should have been done properly.  There is also a mixed use center nearby this small piece.  When that develops, then these people will probably sell-out and this won’t be an issue.  To bring this in with no plan can’t be supported.

Another Board member doesn’t want the request to be on the consent agenda.  She wants to know more about the island of commercial, and more discussion on what is intended for that location.  Also, more information is needed about roads that don’t lead anywhere.  She knows there are plans for the roads and what we will end up with is what happened on Cary Parkway.  A lot of roads that are connected leave people thinking they can get to Morrisville Parkway when it just dead ends into nothing.  Staff and/or the developer needs to work with staff to give us a plan of when these roads will be connected.  Homeowners have a right to know when a new road will be extended, when they move into an area.

Another Board member stated that he would vote against the request due to concerns over the mixed use having mostly MDR town homes, and a small area of LDR and Commercial.  A mixed use area should be a balanced mix of uses.  This is not a good example of mixed use.  He also has concerns about the proximity to I-540 if that ever gets completed.

The Board vote:  5-4 to recommend that council adopts an ordinance to amend the official zoning map of the Town of Cary, and to change the zoning related to this request since it is consistent with the current Town of Cary Comprehensive Plan, the Northwest and Southwest Area Plans, and any other officially adopted plans that are applicable.  The Board determined this action to be reasonable and in the public interest. The proposed density of the site is similar to the adjacent development.  Open space requirements and the Land Development Ordinance requirements are met in that the streetscapes along thoroughfares are 50 feet wide and supplemented, if necessary, to achieve a Type A (opaque) standard.

Votes against Motion to Approve:

Scott Brookhart, Carla Sadtler, Lori Bush, and Don Frantz

4.  06-REZ-08 Phillips Place Planned Development District

Motion to Approve:  Joy Wayman

Second:  Don Frantz 

Discussion:  A board member said she would vote against the request.  She doesn’t feel she has enough information regarding the Transportation Plan and this large number of homes to feel confident that these homes will be well-served. 

Another Board member commented that she shared the same concerns and wants them addressed at site plan review.  There is not appropriate access at this moment.  She can see that there will be some day, but if this should build-out under the current conditions, she would want to see more information.  She will, however, be voting in favor of the motion for approval.

The Board vote:  8-1 to recommend that council adopts an ordinance to amend the official zoning map of the Town of Cary, and to change the zoning related to this request since it is consistent with the current Town of Cary Comprehensive Plan, and any other officially adopted plans that are applicable.  The Board determined this action to be reasonable and in the public interest.  The proposed plan offers a balanced mixture of single-family detached dwelling units and town homes, as well as adequate open space.

Vote against Motion to Approve:

Lori Bush

E.  Rezoning, Comprehensive Plan Amendment, or Activity Center Concept Plan Requests with no public hearing:

1.  05-REZ-15:  Greystone Planned Development District Amendment

Motion to Approve:  Matthew Danielson

Second:  Joy Wayman

Discussion:  One Board member said she would vote against the motion to approve.  Overall, it doesn’t look bad, but you are crossing over into the Southwest Area Plan.  The intent was to decrease the density and preserve a rural feel.  She realizes that isn’t changing, but with the lot size of 4500 square feet, the request doesn’t follow the intent.  She doesn’t want to set that precedent.  Another Board member agrees with this opinion.

A third Board member thinks the opposite.  By not having an increase in density, it leaves more open space. 

The Board vote:  7-2 to recommend that council adopt an ordinance to amend the official zoning map of the Town of Cary, to change the zoning related to this request from Planned Development District (PDD) to Planned Development District Amendment since it is consistent with the current Town of Cary Comprehensive Plan, and any other officially adopted plans that are applicable.  The Board determined this action to be reasonable and in the public interest. The amendments to the existing PDD are minimal and impose no additional increase in terms of number of dwelling units.  The document has been modified to bring it more in line with Land Development Ordinance standards.  Staff recommends approval of the request. 

Votes against Motion to Approve:

Lori Bush and Carla Sadtler

F.  Adjournment:  7:10 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.