P&Z Board Members Present:  

Ms. Joy Wayman, Ms. Julia Rudy, Chairperson Kelly Commiskey, Mr. Keith Fenn, Mr. Alan Swanstrom, Mr. Joe Ciulla, Mr. Hari Nath

P&Z Board Members Absent: Mr. Brent Miller, ETJ Member (vacant)

Staff Present: 

Jeff Ulma, Planning Director; JoAnne Carlyle, Assistant Town Attorney; Tim Bailey, Engineering Director; Joe Moore, Associate Director of Engineering; Lori Cove, Traffic Engineering Manager; Wayne Nicholas, Current Planning Manager; Tom Horstman, Engineering Development Review Manager; Debra Grannan, Senior Planner; Jennifer Currin, Planner II; Lynne Nesselrode, Rezoning Facilitator

Town Council Members Present: Mr. Erv Portman

A.   Call to Order (Chairperson Kelly Commiskey) 6:30 p.m.

B.   Amendment and Adoption of Agenda:

Motion to Amend Agenda: Ms. Joy Wayman made a motion to amend the agenda to include the Transportation Development Fee Ordinance item (EN08-083).

Second: Ms. Julia Rudy

Discussion: None

Vote: 7-0

            C.   Approval of the Minutes of the March 17, 2008 Meeting (Chairperson Kelly Commiskey):

Motion to approve: Ms. Joy Wayman

Second: Mr. Keith Fenn
Discussion: Mr. Hari Nath abstained from the vote due to his absence from the previous meeting.

Vote: 6-0

D.  Town Council Report (Council Member Erv Portman):

1.  Council Meetings on March 22, April 7 and 24, 2008.

2.  Carla Sadtler has been appointed by Town Council as ETJ member, but awaiting Wake County Commissioner’s approval prior to her being seated on the board.

E. Tabled Projects:

            The following items were removed from the agenda by the request of the applicant(s):

            1. 07-REZ-21 Weldon Ridge PDD Amendment 

            2. 07-MU-09 SAS N. Harrison MUSP 

F. Rezoning, Comprehensive Plan Amendments, or Mixed Use Sketch Plan Requests with public hearing:

1. 07-REZ-20 DelSalto Rezoning presented by Ms. Jennifer Currin  

Public Hearing: Ms. Stephanie Norris spoke on behalf of the applicant explaining the measures taken to work with the surrounding community.

Motion to Approve:  Ms. Julia Rudy made motion that the Board forward Case Number 07-REZ-20 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and the reasonableness of the request as set forth in the staff report and presentation subject to the following condition:

The rear building setback of the proposed single-family lots along the northern property line, and adjacent to Phase 2 of West Lake Subdivision, will be a minimum of 35 linear feet.

Second: Mr. Keith Fenn

Discussion: None

Vote: 7-0

2.  07-REZ-24 Davis Drive Towns presented by Ms. Debra Grannan

Public Hearing: No one spoke in favor or opposition of the request.

Motion to Approve: Ms. Julia Rudy made motion that the Board forward Case Number 07-REZ-24 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and the reasonableness of the request as set forth in the staff report and presentation.

Second: Mr. Hari Nath

Discussion: Mr. Joe Ciulla expressed concern with the presence of a protest petition and the fit of the proposed zoning within the fabric of the community.  He added that a less dense use would be more appropriate in his opinion.  Mr. Keith Fenn noted the high impact of the development on surrounding schools.  Ms. Kelly Commiskey was concerned with the amount of density already approved in this area.  Ms. Julia Rudy thought that transitional use was an appropriate zoning district when taking the amount of proposed open space into consideration.  Mr. Alan Swanstrom agreed that the use was appropriate but thought the density was too high.  Mr. Hari Nath agreed the density might be high but the buffers helped alleviate his concerns with the project.

Vote: 3-4 (Opposed Mr. Joe Ciulla, Ms. Kelly Commiskey, Mr. Alan Swanstrom, Mr. Keith Fenn) Ms. Kelly Commiskey noted that the motion failed and called for a second motion.

Motion to Deny: Mr. Joe Ciulla made motion that the Board forward Case Number 07-REZ-24 to Town Council with a recommendation for denial based on the proposed density.

Second: Mr. Alan Swanstrom

Discussion: None

Vote: 4-3 (Opposed Mr. Hari Nath, Ms. Joy Wayman, Ms. Julia Rudy)

G.  Rezoning, Comprehensive Plan Amendments, or Mixed Use Sketch Plan Requests with no public hearing:

1.  07-MU-08 Maynard Village MUSP presented by Ms. Jennifer Currin
             Motion to Remove from the Table: Ms. Joy Wayman

Second: Mr. Alan Swanstrom

Discussion: None

Vote: 7-0

Motion to Deny: Mr. Joe Ciulla made a motion that the Board forward Case Number 07-MU-08 to Town Council with a recommendation for denial.

Second: None (Ms. Kelly Commiskey noted that the motion failed and called for another motion)
Motion to Approve:  Ms. Joy Wayman made motion that the Board forward Case Number 07-MU-08 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and the reasons set forth in the staff report and presentation.

Second: Mr. Alan Swanstrom

Discussion: Ms. Julia Rudy explained that she appreciated the clarification in the staff report.  Mr. Keith Fenn requested that staff explain the outstanding issues from the previous Planning and Zoning Board meeting and explain how those were addressed.  Ms. Kelly Commiskey expressed support for the plan and thought the use was ideal.  Ms. Joy Wayman noted that she appreciated the applicant working with staff.  Mr. Joe Ciulla was displeased with the request to reduce the buffer and the density of the project.  Mr. Hari Nath had concerns regarding the sound attenuation measures.

Vote: 6-1 (Opposed Mr. Joe Ciulla)

2.   Transportation Development Fee Ordinance (EN08-083) presented by Mr. Tim Bailey

Motion to approve: Ms. Joy Wayman made motion that the Board forward Case Number EN08-083 to Town Council with a recommendation for approval based on its consistency with the Comprehensive Plan and all other applicable plans and the criteria as set forth in the staff report and presentation.

Second: Mr. Keith Fenn

Discussion: None

Vote: 6-1 (Opposed Mr. Joe Cuilla)

G.   New/Old Business:  

1.   Board Member Fenn noted that Staff Members Jennifer Currin and Lynne Nesselrode would be leaving the Town, thanked them for their work with the Planning and Zoning Board and the board extended well wishes.

H.  For Information:

  1.       Monthly Construction Activity Reports

  2.      Monthly Site/Subdivision Activity Reports

I.    Chairperson Commiskey adjourned the meeting at 7:31 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.

“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 a.m. and Wednesday at 6:30 p.m.