Town of Cary
Planning and Zoning Board

September 18, 2006

Minutes

6 p.m.

 Council Chambers

316 N. Academy Street, Cary, N.C.
Web Site:  www.townofcary.org

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

P&Z Board Members Absent:  Scott Brookhart 

Staff Present:  Jennifer Currin, Ricky Barker, Christine Simpson, Dick Moore, Philip Smith, Doug McRainey   

A.  Call to Order (Chairman Brooks) 

B.  Approval of the Minutes of the August 21, 2006 Meeting (Chairman Brooks)

Motion to Approve:  Matthew Danielson

Second:  Joy Wayman

Discussion:  None

Board Vote:  9-0 for unanimous approval of the minutes of the July 17, 2006 meeting

C.  Town Council Report

Ricky Barker discussed the August 24, 2006 Town Council meeting.

No action was required of the Board and there was no discussion. 

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

Motion to Deny:  Carla Sadtler

Second:  Kelly Commiskey

Discussion:  A Board member stated that it was not a good idea to add more traffic in this area at this time.  There are a lot school aged children in the area and there are no sidewalks.  A couple of the members expressed disappointment in the lack of communication between the developer and the neighbors.  One member reminded the Board of the issues in this matter that should be considered for a Comprehensive Plan Amendment, rather than a rezoning request.  The members also discussed concerns about having an appropriate transition of the density of the residential areas. Another member stated that the O/I is being pushed too close to the LDR in this area.  There were also some discussions about whether proper notice had been given.  Counsel for the Board explained the criteria on evaluating a CPA and that to pursue the lack of notice wouldn’t be one of the things that would generally come into consideration.  Staff heard the concerns and should look at this but it should not be legitimate criteria for evaluating this request. 

Board vote:  The Board voted 9-0 recommending that Town Council deny the amendment.  The Planning and Zoning finds that the current Town of Cary Comprehensive Plan should not be amended because the request for the amendment would not be consistent with the intentions of the Comprehensive Plan.

The Planning and Zoning Board recommends that this request be denied. 

Summary of Public Hearing comments: 

Communication needs to be better between developer, Town staff, and residents when a request changes and/or the request is tabled 

Willingness of residents to meet with the developer to discuss changes since the Town Council public hearing

Traffic congestion and sidewalks 

Concern about proposed Office and Institutional (OFC/INS) between single family and Mixed Use to the south being a good transition

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

1.  06-REZ-20 Park at Westlake, Phase 5 Rezoning

Motion to Approve:  Matthew Danielson

Second:  Don Frantz

Discussion:  None

Board vote:  The Board voted 9-0 to recommend that Town Council adopt an ordinance allowing this request for the rezoning and subsequent map 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.

F.  Adjournment:  7:15 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 meetings are broadcast live the night of the meeting and are rebroadcast the same week on Tuesday at 9:30 AM and Wednesday at 6:30 PM.