P&Z Board Members Present: 
Hari Nath, Joy Wayman, Scott Brookhart, Kelly Commiskey, Christopher Brooks, Harry Baulch, Don Frantz, Julia Rudy, Keith Fenn

Staff Present:  Doug McRainey, Dan Matthys, Jennifer Currin, JoAnne Carlyle, Debra Grannan, Wayne Nicholas, Dick Moore, Ricky Barker, Jeff Ulma

A.  Call to Order (Chairman Brooks)

B.  Approval of the Minutes of the February 19, 2007 Meeting (Chairman Brooks)

Motion to approve:   Harry Baulch
Second:  Hari Nath
Discussion:  None
Vote:  9-0

C.  Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan Requests with no public hearing:

1.       05-AC-009 Reedy Creek Activity Center Concept Plan presented by Ms. Debra Grannan

This property is currently zoned OIP.    Letters of notification were sent to surrounding property owners  There is a valid protest petition. The proposed use of this plan is for a 260 Multi-family dwelling, 73,600 square foot of office, 63200 square foot of Commercial, 64 room hotel and Recreation & Parking Structures.   Mixed Use Building 13 was changed from seven (7) stories to four to five (4-5) story. Citizens’ main points of concerns were stormwater management, building height, schools, traffic impact along with site design and density.    Some of these concerns were also noted by the P&Z board members.

Request was not open to a public hearing; however, there were a number of points on the plan that needed clarification, therefore, the applicant was given the opportunity to address the P&Z Board Members with a brief description of his proposed plans as well as answer any questions the P&Z Board Members may have to the plan.  

P&Z Board Members' concerns:

1)  Board Member Keith Fenn questioned the Parks & Recreation comment in the notes regarding the requirement of a recreation payment in lieu if lots were subdivided. Ms. Debra Grannan provided information that note is a standard comment from Parks Recreation and Cultural resources, and that no subdivision of individual lots was proposed.  Pg 5, buffers and open space: Mr. Fenn also asked about whether or not the plan accurately reflected the set back of 10 feet off the perimeter buffer.  Ms. Debra Grannan stated that the applicant was aware of the requirement and that clarification will be noted on final submittal of plan.  Mr. Fenn noted that some if the buildings appeared to encroach into the riparian buffer.  Mr. Hashemi stated that he understood that the final site plan would need to meet all NC State Division of Water Quality requirements.

2) Board Member Julia Rudy also had questions on buffers within the subdivision which Ms. Debra Grannan addressed Julia’s concerns.

3) Chairman Christopher Brooks questioned the maximum height of the building; Ms. Debra Grannan stated that building heights are limited to 35’ or 50’ in height, but she would have to check the LDO to verify at what distance this requirement is applied.

4) Board Member Kelly Commiskey, questioned the high density, and asked if Staff could cite examples of similar developments in Cary .  Debra reported that there are currently no  ACCPs or MUSPs with this densities this high,  but that The Arboretum PDD was similar if one were to add the non-residential and residential uses together.  This proposed ACCP yields approximately 27,000 square feet per acre and The Arboretum is approximately 30,000 square feet per acre.  The standard practice however, is to look at such uses separately.   Considering it that way, the site has an average non-residential density of 9,500 square feet per acre and a residential density of approximately 14 dwelling units per acre.  Ms. Debra Grannan explained that a calculation of residential is typically done with units per acre a not square feet.

5) Board Member Scott Brookhart, referred back to Keith Fenn’s comments on the riparian buffer, asked that Staff review this in depth on future comments as well as the flow of traffic in the area of this site.  Mr. Hashemi responded that the plan contains a note that states that the plan will comply with all Town of Cary LDO requirements. 

6) Board Member Hari Nath asked if the buildings would meet Cary ’s architectural guidelines and Debra confirmed that they would.

7)) Harry Baulch, questioned the building height as it relates to the grade of property.  He expressed concern that homes would be looking down on the four-five (4-5) story building.  Staff explained that the building height is measured from the foundation.  Although the  Land Development Ordinance does call for consideration of topography, Planning does take this into consideration when building height is a concern.   Staff presented a topicgraph map to show that changes in elevation on the site.  Mr. Baulch recognized Staff’s efforts to not allow one quadrant to use up the total allowed square feet for non residential development up on this site since there were still parcels to be developed within the overlay district.

Since the applicant had been granted time to speak, Chairman Brooks offered a similar opportunity for one of the adjacent property owners to comment.  Mr. Mike Donahue of 410 Indigo, Ready Creek, had the opportunity to make a brief statement regarding the Hashemi project.  Mr. Donahue stated that the applicant and the neighbors were continuing to work together with a positive footing.  He felt that they needed additional time to review some of the recent changes but noted that Mr. Hashemi had demonstrated willingness to compromise.  He expressed confidence that there would be an agreement.

Motion to approve:   Ms. Joy Wayman
Second:   Mr. Harry Baluch
Discussion:    Concerns were the height/appearance of the buildings and traffic   Harry Baulch felt that this will be a positive step to the community.  Christopher Brooks agreed with the general concept but expressed concern that five-story building would be intense on this site.  Kelly Commiskey and Don Frantz expressed concern that the density was still too intense

The Planning and Zoning Board recommended approval of the following items:

·         The type and mix of uses for the site

·         The square footage of non-residential uses and the number of hotel rooms

·         The number of residential dwelling units

·         The building heights

·         Perimeter buffers, streetscapes and building setbacks.

Vote:  7-2 approved (Ms. Commiskey and Mr. Frantz voted against the motion to approve)

2.  06-REZ-32 Oxxford Hunt Planned Development District Amendment presented by Ms. Debra Grannan

Current zoning is PPD , requesting PPD amendment.  Requesting a reduction to the buffer from 50 feet to 20 feet.    Staff request approval of the PDD amendment noted in the application which limits the use to a nursing home or Adult Care facility with a maximum of 80 beds.

Motion to approve: Mr. Don Frantz
Second:  Ms.  Keith Fenn
Discussion:  None
Vote:  9-0

3.  06-REZ-35 The Park at Westlake Rezoning presented by Ms. Jennifer Currin

Request to rezone property form R-30W to R12 and R/R in conjunction with the associated annexation petition.

Motion to approve:  Ms. Joy Wayman
Second: Mr. Scott Brookhard
Discussion:   None
Vote:  9-0

4.  06-REZ-36 The Park at Westlake Rezoning presented by Ms. Jennifer Currin

Greenway trail proposed Low Density.  Request to rezone the property from R-30W to R20 CCDW to R-12, TR & R/R.

Motion to approve: Mr. Keith Fenn
Second:  Mr. Don Frantz
Discussion: 
Vote:  9-0
 

D. For Information

Monthly Site/Subdivision Activity Reports

E.  Adjournment  7:40 p.m.

Please contact the Town of Cary Planning Department with any questions.  The phone number is (919) 469-4082.  Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

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