Town of Cary

Planning and Zoning Board

August 20, 2007

Minutes

6:30 p.m.

 Council Chambers

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

 

 

P&Z Board Members Present: 

Mr. Hari Nath, Ms. Joy Wayman, Mr. Scott Brookhart, Ms. Kelly Commiskey, Mr. Harry Baulch, Mr. Don Frantz, Ms. Julia Rudy, Mr. Keith Fenn, Mr. Christopher Brooks, Chairman arrived a few minutes after the call to order.

                                          

Staff Present:  

Phil Smith, Dan Matthys, JoAnne Carlyle,  Lori Cove, Jeff Ulma, Tammy Spivey, Scott Ramage, Jennifer Currin, Lynne Nesselrode

 

Council Members Present:

None

 

A.  Call to Order (Chairwoman Pro Temp Commiskey)

 

B.   Approval of the Minutes of the July 16, 2007 Meeting

      (Chairwoman Pro Temp Commiskey)

 

Motion to approve:  Mr. Don Frantz

Second:   Mr. Harry Baulch

Discussion:  None

Vote:   8-0

 

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

 

1.       07-CPA-04 Indian Wells Road presented by Mr. Scott Ramage

 

Chairman Brooks arrived at the meeting at this time.

 

Public Hearing: Three members of the public (Mr. Herell Petway, Mr. John York and Mr. Roger Williams) spoke in favor of the Comprehensive Plan Amendment citing increased property values and an aging community as reasons for the change.

Motion to approve:  Ms. Kelly Commiskey made motion that the Board forward Case Number 07-CPA-04 to Town Council with a recommendation for approval of the Comprehensive Plan Amendment with the direction that the original language to Land Use Note 19.

Second:  Mr. Don Frantz

Discussion:  Mr. Keith Fenn noted that he was concerned with the motivation for the change and the increase in density.  Mr. Don Frantz had concerns about increased density, but thought that the opening of I-540 it would be less likely for the property to be developed with 1 acre or larger lots.  Mr. Frantz also stated concerns about not wanting to encourage citizens to do the same thing.   Mr. Baulch stated that he agreed with the motion based on so much of  the surrounding land use being MDR and agreed that the request is appropriate.  Chairman Brooks was concerned that the change would be two levels from VLDR to MDR rather than from VLDR to LDR and that the case might set a precedent.  Like Mr. Baulch, Chairman Brooks expressed concerns about the area being all townhomes and agrees with Ms. Commiskey that Note 19 needs to be addressed  Ms. Kelly Commiskey reiterated  her concerns with the project and noted that she didn’t like the revised language to Land Use Note 19.  Mr. Hari Nath noted the large amount of MDR around the Indian Wells area and wanted to see a more diverse housing stock.

Vote:  7-2 (Against Mr. Hari Nath and Mr. Keith Fenn)

 

2.   07-REZ-09 Batchelor Property presented by Ms. Jennifer Currin

 

      Public Hearing: The applicant (Ms. Glenda Toppe) clarified the new zoning condition. 

      Motion to approve: Ms. Joy Wayman made motion that the Board forward Case Number 07-REZ-09 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and is reasonable for the reasons set forth in the Staff Report and Presentation.

      Second: Mr. Keith Fenn** Don?

      Discussion: None

      Vote: 9-0

 

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

 

1.       07-REZ-08 Park at Westlake presented by Ms. Jennifer Currin

 

Motion to approve:  Mr. Don Frantz made motion that the Board forward Case Number 07-REZ-08 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and it is reasonable for the reasons set forth in the Staff Report and Presentation.

Second:  Ms. Kelly Commiskey

Discussion:   None

Vote: 9-0

 

2.       07-MU-02 Tryon Village MUSP Amendment presented by Ms. Jennifer Currin

 

Motion to approve:   Mr. Keith Fenn made motion that the Board forward Case Number 07-MU-02 to Town Council with a recommendation for approval.

Second:  Mr. Don Frantz

Discussion:   None

Vote:  9-0

 

F.  For Information

 

1.       Monthly Construction Activity Reports

2.       Monthly Site/Subdivision Activity Reports

 

G.     New/Old Business

 

H.      Chairman Brooks adjourned the meeting at 7:36 pm.

 

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.

 

“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.