Town of Cary

Planning and Zoning Board

July 21, 2008

Minutes

6:30 p.m.

 Council Chambers

316 N. Academy Street, Cary, NC

Web site:  www.townofcary.org

 

 

P&Z Board Members Present: 

Ms. Joy Wayman, Chairperson Kelly Commiskey, Mr. Harry Baulch, Mr. Alan Swanstrom, Mr. Joe Ciulla, Mr. Hari Nath, Mr. Brent Miller, Ms. Carla Sadtler (ETJ), Ms. Julia Rudy (arrived at 6:32pm), Mr. Hari Nath (arrived at 6:34pm)

 

Staff Present:  

Jeff Ulma, Planning Director; Ricky Barker, Associate Planning Director; Tim Bailey, Director of Engineering; Chris Simpson, Town Attorney; Lori Cove, Traffic Engineering Manager; Philip Smith, Planning Manager; Scott Ramage, Principal Planner; Anna Readling, Senior Planner; Bob Benfield, Principal Planner; Greg Barnes, Planner II; Debra Grannan, Senior Planner; Kevin Kleber, Tech Services; Tara Adams, Development Plans Facilitator

 

Town Council Members Present:  Erv Portman

 

A.  Call to Order (Chairperson Commiskey) – 6:30pm

 

B.   Adoption of Revised Agenda

 

Motion to Adopt Agenda: Mr. Alan Swanstrom

Second:  Mr. Joe Ciulla

Discussion: None

Vote: 7-0

 

C.   Approval of the Minutes of the June 16, 2008 Meeting (Chairperson Commiskey)


Motion to approve:
Motion made by Ms. Wayman to approve the minutes with the following corrections:

a.      In reference to the Kilmayne Mixed Use Sketch Plan, Ms. Carla Sadtler voiced concern regarding vehicular connectivity and access to an adjacent site.

b.      Misspellings of Ms. Sadtler’s name

Second:  Mr. Alan Swanstorm

Discussion:   None

Vote: 7-0


D.   Report from Council Liaison Erv Portman

        1.  Welcomed Mr. Harry Baulch back to the Planning & Zoning Board

        2. Town Council Meeting on June 26, 2008 meeting

 

E.   Tabled Projects

        The following items were tabled until August 18, 2008 meeting:

        1. 07-REZ-30 Davis Drive PDD

 

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

 

1.       08-REZ-05 Kera Gardens presented by Ms. Debra Grannan

 

Public Hearing:  John Frazier, engineer with Crowley , Crisp, & Associates, spoke on behalf of the property owners to provide insight as to the vision and intent behind the rezoning. 

Ms. Susan Miller, representing the Dublin Woods’ Home Owners Association, expressed concern with the potential of traffic and congestion along Reedy Creek Road .

Motion to Approve:  Ms. Joy Wayman made a motion that the Board forward Case Number 08-REZ-05 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.

     Seconded:  Mr. Alan Swanstrom

     Discussion:  Ms. Commiskey complimented the plan as proposed.

     Vote:  9-0

 

 

 2.    08-CPA-01 Walnut Place presented by Ms. Anna Readling

 

Public Hearing:  Jeffrey Vittert, developer with Midland Atlantic, explained the objective behind the request to amend the Land Use Plan. An exhibit was provided by Mr. Vittert to illustrate the boundaries of the plan as proposed.  

Motion to Approve:  Mr. Joe Ciulla made a motion that the Board forward Case Number 08-CPA-01 to Town Council with a recommendation that the amendment as submitted be denied.   

     Seconded:  Mr. Hari Nath

Discussion:  Ms. Julia Rudy expressed concerns that the request attempts to chip away and degrade the area plan.  Ms. Rudy voiced her support of the current Land Use Plan which compliments the delicate balance of the traffic modeling.  Mr. Brent Miller and Mr. Alan Swanstrom agreed that the site would be better served developing under the Southeast Area Plan, especially with consideration to the amount of commercial already existing.  Mr. Harry Baulch stated the property did not lend itself well to residential, commercial, or office. Mr. Baulch felt the property would be better suited for mixed use with a residential element backing up against the pond.  Kelly Commiskey opposed the motion stating that the land to the north could be developed as office and institutional or medium to high density residential, providing the break called for under the Southeast Area Plan.  Ms. Commiskey also referenced the possibility of bringing more jobs to the area.  Ms. Joy Wayman noted that office was more suitable for the site than high density residential.  Mr. Hari Nath supported the plan recognizing the potential to offer pedestrian connectivity to the commercial components. Ms. Carla Sadtler and Mr. Joe Ciulla expressed concerns with adding commercial to the area.

     Vote:  6-3 (Opposed:  Wayman, Commiskey, Baulch)

 

   

G.   Rezoning, Comprehensive Plan Amendment, Mixed Use Sketch Plan, or Site/Subdivision Requests with no public hearing:

 

1.         08-REZ-02 Raftery Park Plan presented by Ms. Debra Grannan

 

Motion to Approve: Ms. Joy Wayman made a motion that the Board forward Case Number 08-REZ-02 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. Alan Swanstrom

Discussion:  Ms. Sadtler expressed concern regarding the types/intensity of uses that may be included in a park based on some of the uses within this zoning designation.  Staff noted that specific uses for the subject property had not yet been identified, and that plans for this property would be developed through joint planning efforts between the Town of Cary and Wake County .

      Vote: 9-0

 

 

2.       07-SP-038 Chatham Pointe presented by Mr. Greg Barnes

 

Motion to Approve: Mr. Hari Nath made a motion that the Board forward Case Number 07-SP-038 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. Brent Miller

Discussion:  None

Vote: 9-0

 

 

3.       07-SP-115 McDonalds at Saltbox Village presented by Mr. Greg Barnes

 

Motion to Approve:  Ms. Joy Wayman made a motion that the Board forward Case Number 07-SP-115 to Town Council with a recommendation for approval as presented with the condition that the yellow accent color match the shade/hue of the awnings within Saltbox Village .

Second:  Mr. Brent Miller

Discussion:  None. A sample board was provided to the board to reflect the LEED materials to be used in construction of the site.

Vote: 9-0

 

 

H.      New/Old Business 

 

1.       07-CPA-11 Swift Creek Shopping Center presented by Mr. Scott Ramage

Motion to Approve:  Ms. Joy Wayman made a motion that the Board forward Case Number 07-CPA-11 to Town Council with a recommendation for approval to amend the Land Use Plan as proposed.

Second:  Mr. Alan Swanstorm

Discussion:  Mr. Hari Nath expressed the need for change referencing the economic viability of the shopping center.  Mr. Nath also voiced the need for stronger language to ensure connectivity is provided between lot three and the shopping center.  Mr. Joe Cuilla opposed the plan stating he failed to understand how bringing office to the site would help to revitalize the shopping center.  Ms. Kelly Commiskey and Mr. Brent Miller were supportive of the plan.  Both recognized the problems caused by the road alignment.  However, Mr. Miller did express concern with the southward expansion of commercial. Ms. Julia Rudy hoped that approval of this plan would help alleviate some of the hardship caused by the road realignment.

Vote: 8-1 (Opposed: Ciulla)

 

2.       Appointment of Vice Chairperson

Motion: Ms. Joy Wayman made a motion to appoint Mr. Harry Baulch to serve as Vice Chairperson

Second:  Mr. Hari Nath

Vote: 9-0

 

I.        Chairperson Commiskey adjourned the meeting at 9:00 pm.

Please contact the Town of Cary Planning Department with any questions about this agenda.  The e-mail address is tara.adams@townofcary.org and the phone number is (919) 319-4583.  You can also 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 should contact the Town Clerk at least 48 hours prior to the meeting.  The e-mail address is sue.rowland@townofcary.org and the phone number is (919) 469-4011; the TDD number is (919) 469-4012. 

 

The 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.