Mr. Rodney Keller, property owner, stated he was concerned with any reduction to the streetscape buffers and that he would like the Town to keep within the perimeters set forth by the Town ordinance and not grant the reduction request.

Motion:  Ms. Joy Wayman made a motion to recommend that Town Council adopt an ordinance to approve this Rezoning request because it is consistent with the Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable, as set forth in the Staff Report.  

Second:  Mr. Harry Baulch

Discussion:  Mr. Keith Fenn expressed concern with the wording “consistent” with the Town of Cary comprehensive plan in the motion.  Ms. Kelly Commiskey stated she was in support of the reduction of the streetscape.

Vote:  Motion approved 9-0  

2.      06-REZ-40 Stephens Road Property presented by Ms. Debra Grannan

Public Hearing Summary:          

Mr. Willie Good with Jerry Turner & Associates stated that although the current official request is for 39 lots, it is his intention to ultimately change the total lot count to 38 and that condition will be submitted in writing prior to the final vote.  He agreed that TR zoning does have a minimum lot of 6000 ft. but emphasized that his lots will average closer to 8,000 square feet in size, when taking into consideration the open space, and will be compatible with the existing neighborhood.  He added that the required stream buffers will provide more protection than what was required for the existing neighborhood and that the proposed stormwater management plan will provide further protection to the neighbors.

Mr. Neil Kochis, professional engineer, was asked by Mr. John Buxbaum to address concerns of residents on storm water runoff. To elevate the storm water concerns would basically be to reduce the storm water runoff, which is to match or not worsen the storm water conditions for a one (1) year storm event. Mr. Kochis noted that the developer wants to go beyond and above condition requirements and offered conditions that the peak stormwater discharge rate from the site during a 5-year post-development storm event shall not exceed the peak stormwater discharge rate for the 1-year pre-development storm event.  In addition, the peak stormwater discharge rate from the site during a 25-year post-development storm event shall not exceed the peak stormwater discharge rate for the 10-year pre-development storm event. 

Ms. Christine Black who lives immediately adjacent to the subject property provided handouts to support her concerns dealing with primarily the density of current developments and what is being proposed as well as the fear of the developer cutting down mature trees and not continuing to maintain the existing stormwater retention pond.

Ms. Ruth Merkle a resident of Wellington Park spoke on behalf of some of her neighbors that could not make the meeting.  Their concern included development near stream buffers from on-site and underground streams.

Mr. Rodney Keller spoke in favor of the request.  He believes this development will increase property values. He added that Mr. Buxbaum has been forthcoming and honest with his intent.

            Mr. John Buxbaum, the applicant and developer of this site stated the comprehensive plan calls for the maximum of six (6) units and his proposal is at less than half of that. The Land Development Ordnance (LDO) notes for storm water protection, with storm water being a hot topic in the community and he is trying to do this in the right way and that he stands behind this development and putting measures in place that will improve what is currently around this area.   Mr. Buxbaum further stated that he will only clear lots for the streets and not just clear cutting of the complete land to address the concerns of Ms. Black. 

Motion:   Ms. Joy Wayman made a motion to approve as outlined by Staff with a further recommendation that the additional commitment from the developer of limiting the maximum number of lots to 38 and that the peak stormwater discharge rate from the site during a 5-year post-development storm event shall not exceed the peak stormwater discharge rate for the 1-year pre-development storm event, and the peak stormwater discharge rate from the site during a 25-year post-development storm event shall not exceed the peak stormwater discharge rate for the 10-year pre-development storm event.

Second:  Mr.  Harry Baulch

Discussion:    Motion was re-read with no discussion

Vote    Approved 9-0

D.  Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan
     requests with no public hearing:

1.       06-REZ-26 Village at the Park Planned Development District Amendment presented by Mr. Kevin Hales.

Motion:    Ms. Joy Wayman made a motion to recommend that Town Council adopt an ordinance to approve this Rezoning request because it is consistent with the Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  Furthermore, the proposed amendment represents a reduction in the impacts on surrounding properties from the originally approved PDD. 

Second:   Mr. Chris Brooks 

Discussion:       Ms.  Kelly Commiskey stated that she would vote against the motion and that it is her preference in that we curtail our changing of office districts to multifamily uses. The more we remove office zoned land, the less opportunity there is for business growth.  The closer we get to the Research Triangle Park (RTP) the less likely that I am to like these types of request.   Mr. Don Frantz agreed with Ms. Kelly Commiskey. Ms. Joy Wayman was in favor of putting the most people as close to the Park (RTP) to alleviate traffic.

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

            2.     06-MU-03 Village at the Park Mixed Use Sketch Plan presented by Ms. Debra
                 Grannan

Motion:    Mr. Harry Baulch made a motion to table until the plan was complete in meeting LDO requirements.

Second:   Ms.  Julia Rudy

Discussion:    Mr. Keith Fenn asked for clarification regarding the Kit Creek Right-Of-Way (ROW) and if the applicant would be asking for a waiver from construction or request a payment-in-lieu.  Ms. Grannan stated that the applicant had not specified for what they would be asking for but that the applicant would make a determination based on feed back from engineering as to what would be appropriate. 

Vote    Item tabled - 9-0

3.     06-MU-05 Waverly Mixed Use Sketch Plan presented by Mr. Greg Barnes

Motion:   Ms. Kelly Commiskey made a motion to recommend Council approve this request with the conditions outlined in the Staff Report

Second:    Mr. Keith Fenn

Discussion: Mr. Harry Baulch had concerns for storm retention and why it was not possible on this site. He could not understand why storm water management was not part of this plan.  Mr. Don Frantz agreed with Mr. Harry Baulch in regards to the stormwater issue.  Mr. Keith Fenn was concerned with the double dipping and reduction that is going to compromise the total numbers of parking spaces and how this will impact redevelopment in the future. 

Mr. Scott Brookhart also had concerns with not enough parking spaces; however, this proposal would be a great opportunity to make this place a center piece in Cary. Ms. Julia Rudy noted that in the staff report, the traffic analysis stated the intersections are projected to operate at unacceptable levels during peak hours which concerned her with the hospital being across the street from this project.

Vote:   9-0 in favor

4.      06-REZ-27 Modern Woodmen of America presented by Mr. Bob Benfield

Motion:  Mr. Keith Fenn made a motion to recommend Town Council adopt an ordinance allowing the request for this rezoning that it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  And furthermore as stated in the staff report for the following reasons:  The development is compatible with adjacent uses and provides reasonable buffers and transitions between uses.

Second: Mr. Don Frantz
Discussion:     None
Vote    9-0  

5.     06-REZ-38 Cary Park Overlay-Meacham Property presented by Ms. Jennifer
          Currin
          Land Use is Mix.
          R40 to R40 with mixed use overlay district

Motion:   Ms. Joy Wayman made a motion to recommend Town Council adopt an ordinance allowing the request for this rezoning that it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  And furthermore as stated in the staff report for the following reasons:  The development is compatible with adjacent uses and provides reasonable buffers and transitions between uses.

Second:     Mr.  Keith Fenn

Discussion: Mr.  Don Frantz did not support placing a mixed use overlay zoning on top of an R-40 zoning district

Vote:  8-1 (Mr. Don Frantz voted against the motion to approve)

6.      06-REZ-39 Cary Park Overlay presented by Ms. Anna Readling

Motion to approve:  Ms.  Kelly Commiskey made a motion to recommend Town Council adopt an ordinance allowing the request for this rezoning because it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable. 

Second:      Mr. Hari Nath

Discussion:  Mr. Don Frantz wished that we could just pick a zoning and stick with it and change it to what we want to build on it but when you got a Planned Development District (PDD) with an Office & Institutional - Conditional Use (O/I-CU) with a R-40 zoning district and a Jordan Lake Overlay District and now we are going to add a mixed use center overlay district on top of that seems to be a little to complicated. Mr. Franz further stated that the public would like to be able to research land to see what could be build there and not have to research multiple layers (zoning districts and overlays) and that he prefers zoning to be easier to understand.

            Vote:      8-1 (Mr. Don Frantz voted against the motion to approve)

7.      06-SB-017, 018 Manors at Green Level Crossing Subdivision presented by Mr.
     Bob Benfield.

            Mr. Keith Fenn requested to be removed from voting on this case due to conflict of
            interest.

            Vote:  8-0 in favor.

            Property is currently zoned R40   LID:  Low Impact Development

            Motion:   Ms. Joy Wayman made a motion to approve the subdivision plan as submitted
            by the applicant
        
            Second:    Mr.  Harry Baulch         

Discussion:  Most of the concerns from the P&Z Board related to curb/ gutter, wet detention ponds and rain gardens. Mr. Harry Baulch asked if the Town of Cary had guidelines for Low Impact Development (LID) design principles with sidewalks.  Mr. Bob Benfield stated that we are trying to make more of a rural area by not having sidewalks. Mr. Don Frantz asked where the water would go with a curb & gutter.  The applicant, Mr. Travis Moorehead, state it would go in pipes then to storm water ponds.  Mr. Moorehead also stated that it meets the Jordan Lake Watershed Overlay and all other Town of Cary requirements, other than LID.

            Vote:  4 – 4
            For:  Mr. Hari Nath, Ms. Joy Wayman, Mr. Harry Baulch and Mr. Don Frantz
            Against:  Mr. Scott Brookhard, Ms. Kelly Commiskey, Mr. Christopher Brooks and Ms.
            Julia Rudy

8.  06-SB-019 Saxonbury Singh Subdivision presented by Mr. Bob Benfield

Motion: Ms. Joy Wayman made motion to bring back fellow board member Keith Fenn.
Seconded: Scott Brookhart
Vote:  6-2 (Mr. Don Frantz and Ms. Kelley Commiskey voted against the motion).   

Motion to approve:   Mr. Don Frantz made a motion to approve the subdivision plan as submitted by the applicant.

Second:  Mr. Hari Nath

Discussion:    Mr. Keith Fenn noted that he was a proponent of sidewalks.  Any development should have sidewalks regardless of the Overlay or rural objectives.  Mr. Scott Brookhart stated if the philosophical intent of the LID is used and used to its extent, that it is not fair to the applicant.  He encouraged Staff to give a clearer definition of what is expected in this Overlay District and staff needs to either train developers about LID and implementing it effectively with what the Town prefers to see.  Mr. Hari Noth agreed that staff needs to provide better guidance.  Ms. Julia Rudy stated that we can implement the LID into these plans with sidewalks.  Mr. Keith Fenn made note of the density option, land preservation and LID may not be a good thing to have and that maybe even the density option should not be here.

Vote:  5 – 4
For:  Mr. Hari Nath, Ms. Joy Wayman, Mr. Harry Baulch, Mr. Don Frantz and Mr. Keith Fenn
Against:  Mr. Scott Brookhard, Ms. Kelly Commiskey, Mr. Christopher Brooks and Ms.
Julia Rudy

E.  For Information

1.  Monthly Construction Activity Reports

2.  Monthly Site/Subdivision Activity Reports

F.      Adjournment  11:15 p.m.