Town of Cary
Planning and Zoning Board

June 18, 2007

Minutes

6:30 p.m.

 Council Chambers

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

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

Absent:   None

Staff Present:
Ricky Barker, Scott Ramage, Phil Smith, Dan Matthys, JoAnne Carlyle,  Meredith Chandler, Jennifer Currin, Debra Grannan, Sandi Bailey, Tammy Spivey, Lori Cove, Mary Kate Wise, Kevin Hales, Greg Barnes, Maryann Smith, Tim Bailey, Julie Green, Jeff Ulma, Wayne Nicholas, Doug McRainey, Ms. Lynne Nesselrode

Council Members Present:
Ms. Jennifer Robinson, Ms. Marla Dorrel

A.  Call to Order (Chairman Brooks) 

B.   Approval of the Minutes of the May 21, 2007 Meeting
      (Chairman Brooks)
 

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

C.   Site and Subdivision Plans     

1.       07-SP-019  Davis Drive Storage Facility presented by Mr. Greg Barnes 

Motion to approve:  Mr. Don Frantz made motion that the Board forward Case Number 07-SP-019 to Town Council with a recommendation for approval for the reasons set forth in the Staff Report and Presentation.
Second:
   Hari Nath
Discussion
:  None
Vote:
    9-0 

D.   Rezoning, Comprehensive Plan Amendment, or Mixed Use Sketch Plan requests with a public
      hearing: 

1.       07-CPA-02 Chapel Hill Road CPA presented by Ms. Meredith Chandler

Motion to approve:  Mr. Scott Brookhart made motion that the Board forward Case Number 07-CPA-02 to Town Council with a recommendation for approval for the reasons set forth in the Staff Report and Presentation.
Second:
 Mr. Hari Nath
Discussion
:   None
Vote:
  9-0

Motion to approve: Mr. Don Frantz made a motion to recuse Mr. Keith Fenn from both the Sears Farm PDD Amendment and the Cornerstone Mixed Use Sketch Plan cases.
Second
: Mr. Hari Nath
Vote
: 8-0 

Motion to approve: Mr. Don Frantz made a motion to recuse Chairman Brooks from the Sears Farm PDD Amendment.
Second
: Mr. Hari Nath
Vote
: 7-0 

Mr. Hari Nath stated that he had matters that required him to leave the meeting early tonight and requested that the Board excuse him for the remainder of the evening.
Motion to approve:
Ms. Julia Rudy made a motion to excuse Mr. Hari Nath for the remainder of the meeting.
Second:
Ms. Joy Wayman
Vote:
6-0 

2.       06-REZ-31 Sears Farm PDD Amendment  presented by Ms. Debra Grannan                  

Public Hearing Summary:
Five members of the public spoke in support of the project stating the need for the proposed use (Andy Padiak, Susan Linthicum, Sidney A. Small, Luther G. Brewer, Bill Sears).  14 members of the public spoke in opposition stating concerns of traffic increase, density increases, stormwater issues and other negative environmental impacts (Chris Stallman, Heather Patisaul, David Buell, Joe Hummer, Chip Carew, Lindsey Chester, Janet Seaquist, Katie Dunn, Basavana Goud, Frederick J. Miller, Liz Fenton, Aimee McIntyre, Bill Luther, Randall Gressett).
 

Motion to approve:  Ms. Joy Wayman made motion that the Board forward Case Number 06-REZ-31 to Town Council with a recommendation for approval for the reasons set forth in the Staff Report and Presentation.
Second:
 Mr. Harry Baulch
Discussion:
   Mr. Harry Baulch noted that he wanted to see more of a pedestrian network in the plans, however he likes the proposal.  Mr. Don Frantz appreciated Mr. Sears’ removal of the 200 units of housing.  Ms. Kelly Commiskey would like to see the hospital beds be available to the public.  Mr. Scott Brookhart expressed concern about the traffic increases, floodplain issues as well as the intent of the CCRC plan.  Ms. Joy Wayman appreciated the unique plan for elderly housing.
Vote:
  5-1
(Against Ms. Julia Rudy) 

Motion to approve: Ms. Joy Wayman made a motion to reinstate Chairman Brooks.
Second:
  Mr. Harry Baulch
Vote: 6-0
 

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

1.       06-MU-07 Cornerstone Mixed Use Sketch Plan presented by Ms. Jennifer Currin 

Motion to approve:  Ms. Joy Wayman made motion that the Board forward Case Number 06-MU-07 to Town Council with a recommendation for approval for the reasons set forth in the Staff Report and Presentation.
Second
:  Mr. Harry Baulch
Discussion:
   Chairman Brooks stated that he liked the property developed in a planned manner; he noted the support from Council Gap residents and understood the citizens concerns on traffic impacts.  Ms. Kelly Commiskey stated the development was unreasonable for the location and she would not be supporting it.  Mr. Scott Brookhart expressed concerns with the density of the development and building heights.  Mr. Harry Baulch mentioned concerns about the 50 year flood issues and the impacts on schools.  Ms. Joy Wayman noted that with the removal of Sears Farm units, there would not be an excessive number of people living in the area.
Motion to Approve Failed: Vote
3-4
(Against Ms. Julia Rudy, Mr. Don Frantz, Ms. Kelly Commiskey, Mr. Scott Brookhart) 

Motion to approve: Chairman Brooks made a motion to reinstate Mr. Keith Fenn.
Second:
Mr. Don Frantz
Vote:
5-2
(Against: Ms. Kelly Commiskey and Mr. Don Frantz) 

2.       07-REZ-04 Wrenn Property Rezoning presented by Ms. Jennifer Currin 

Motion to approve:   Mr. Don Frantz made motion that the Board forward Case Number 07-REZ-04 to Town Council with a recommendation for approval for the reasons set forth in the Staff Report and Presentation.
Second:
 Ms. Kelly Commiskey
Discussion:
   None
Vote:
  8-0 

F.  For Information 

      1.       Monthly Construction Activity Reports
2.       Monthly Site/Subdivision Activity Reports 

G.     New/Old Business 

Mr. Scott Brookhart mentioned concerns about making certain citizens are receiving enough notice on matters that they might be affected.  He understands that the Town of Cary already does more than the law requires.  However, he would like staff to look into this matter further.   

Motion to approve: Mr. Scott made a motion that council direct staff to investigate and to consider a change in the LDO to provide for an expansion to the public notification area for items requiring Board action in Activity Centers (NAC, CAC and RAC).  
Second:
Mr. Harry Baulch
Discussion: 
Ms. Joy Wayman stated she believes the Town is doing enough already and that the citizens/property owners should make effort to be aware of these matters.
Vote: 7-1

(Against: Ms Joy Wayman)
 

H.      Chairman Brooks adjourned the meeting at 9:59pm

Please contact the Town of Cary Planning Department with any questions about this agenda.  The e-mail address is lynne.nesselrode@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 9:30 AM and Wednesday at 6:30 PM.