Town of Cary
Planning and Zoning Board
August 18, 2008
Minutes
6:30 p.m. 
Council Chambers
316 N. Academy Street, Cary,  N.C.
Web site:  www.townofcary.org

P&Z Board Members Present:  
Chairperson Kelly Commiskey; Ms. Joy Wayman; Mr. Harry Baulch; Mr. Brent Miller;  Ms. Julia Rudy; Mr. Alan Swanstrom; Mr. Joe Ciulla; Ms. Carla Sadtler (ETJ)

P&Z Board Members Absent:    Hari Nath

Staff Present: 
Christine Simpson, Town Attorney; Doug McRainey, Parks Planning Manager; Tim Bailey, Director of Engineering; Joe Moore, Assistant Engineering Director; Tom Horstman, Stormwater Engineering Manager; Jeff Ulma, Planning Director; Ricky Barker, Associate Planning Director; Wayne Nicholas, Planning Manager; Philip Smith, Planner Manager; Scott Ramage, Principal Planner; Debra Grannan, Senior Planner; Shelley Kirk, Board Secretary 

Town Council Members Present:   None

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

B.   Adoption of Agenda

Motion to approve:   Mr. Alan Swanstrom 
Second:  Ms. Julia Rudy
Discussion:  None
Vote:  8-0

C.   Approval of the Minutes of the July 21, 2008 Meeting  (Chairperson Commiskey) 

Motion to approve:  Ms. Joy Wayman 
Second:   Mr. Alan Swanstrom
Discussion:  None
Vote:   8-0

D.   Reports from Council - None

E.   Tabled Projects
                    1.   08-SP-030 Nelson Road Industrial tabled until September 15, 2008
                    2.   07-REZ-30 Davis Drive PDD tabled until September 15, 2008

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

1.  PL09-001 Comprehensive Transportation Plan Update presented by Mr. Tim Bailey

Public Hearing:   Laura Jackson, resident of 913 Reedy Creek Road explained her objections to widening the road between Maynard and Harrison and her preference for a walking community.
Action:  Due to differences from Board Members on several items included in the Comprehensive Transportation Plan Update, Chairperson Commiskey facilitated a number of separate motions to arrive at the Board’s recommendation. 

Motion #1:  Widening of Evans Road to a 6-lane roadway
Motion to Approve:  Ms. Joy Wayman made motion that the Board supports the recommendation in the staff report to cap all major roads at 4-lanes with the exception of several corridors projected by the traffic model to necessitate the need for 6 lanes (listed in the staff report). 
Seconded:  Mr. Brent Miller
Discussion:   Ms. Joy Wayman stated that Council has a concern that all 5-lane roads should have medians.  Ms. Carla Sadtler was concerned with the amount of homes that would be impacted with a 5-lane road here and if there would be any forced relocations.  Mr. Tim Bailey responded that there would be no relocations, but encroachment would be significant to property owners.  Mr. Brent Miller stated that based on current profile, Evans Road is already stretched with capacity and 6 lanes would cause a bottle neck.  Mr. Harry Baulch reminded the board that some homeowners are in favor of this change because it and would provide some relief to the traffic on this road.  It was also pointed out by Ms. Julia Rudy that the staff report should be corrected as follows (in the 6-lane portion):

·  Evans Road: Aviation Parkway to Weston Parkway to read Cary Parkway

Vote:  8-0

Motion #2:  Widening of Reedy Creek Road to a 5-lane roadway
Motion to Deny:  Ms. Carla Sadtler made motion that the Board denies the staff recommendation to widen Reedy Creek Road to a 5-lane roadway and instead keep it as a future 3-lane roadway
Seconded:  Mr. Joe Ciulla
Discussion:  Ms. Carla Sadtler was concern with the Town approving so much development and taking “folks’ back yards”, therefore she recommended the future plan for a 3-lane roadway remain.  Mr. Al Swanstrom expressed his concern that this road is already 50% over the “break point” of 10,000 cars a day – what would it look like in five years; and in 2035 – which is the breakout point per Mr. Tim Bailey.  Mr. Harry Baulch wanted to know what options were available to homeowners.
Vote:  7-1 (Ms. Joy Wayman opposed)

Motion #3:  Widening of Green Level Church Road
Motion to Approve:  Mr. Brent Miller made motion that the Board recommend the existing Green Level Church Road not be widen but instead choose to implement one of the bypass options. This would involve diverting Green Level Church Road traffic to a 4-lane thoroughfare, to tie into Green Level West Road at a point east of Bachelor Branch and serve as a bypass of the Green Level Historic Community.
Seconded:  Ms. Julia Rudy
Discussion:   Mr. Brent Miller expressed his concern for the historic preservation of this area and that it should be evaluated again.  Ms. Carla Sadtler stated she felt the by-pass option was more intrusive than widening the road.  Ms. Joy Wayman stated she disagreed because she felt the widening of the existing roadway wouldn’t significantly affect the historical area.  Mr. Tim Bailey clarified the by-pass options for the Board as well as it’s relation to the I-540 highway.  Ms. Julia Rudy expressed her concern also for the historical value preservation of surrounding land.
Vote:  6-2 (Ms. Joy Wayman; Mr. Harry Baulch opposed)

Motion # 4:  Level of Service
Motion to Approve:  Ms. Joy Wayman made motion that the Board recommend staff’s recommendation related to the new approach to evaluating Level of Service (see excerpt from staff report below). 

Based on Town Council input and direction, the CTP Update is recommending a design based approach to measuring LOS with the Town. This approach will provide a cap for Town intersections based on design, maintaining a LOS D standard until the ultimate design for the intersection has been achieved.  Once design build-out is complete, LOS will no longer be measured. Traffic studies will continue to be required as part of the development process however, with a focus on improvements to multi-modal transportation rather than and emphasis on larger intersections, additional turn lanes, etc. This model fits within the Town’s current LOS system. It allows the Town to set maximums for intersection widths and maintain bicycle and pedestrian friendly design principles.
Seconded:  Mr. Harry Baulch
Discussion:  Mr. Al Swanstrom stated that he felt service numbers meant nothing, but should be looking at seasonality as an aspect when studying traffic patterns.  Mr. Brent Miller expressed concern with changing the level of service approach. 
Vote:  7-1 (Mr. Brent Miller opposed)

Motion #5:  Remainder of Items Included in the Comprehensive Transportation Plan Update
Motion to Approve:  Mr. Al Swanstrom made motion that the Board approves all remaining aspects of CTP update, with the condition that information should be provided to the public on the Collector Streets. Tim Bailey agreed, but asked that the CTP update go to the September 25, 2008 Council meeting to allow time to gather information requested by the Board tonight.
Seconded:  Ms. Carla Sadtler
Discussion:  None
Vote:  8-0

Board went into recess at 8:06 p.m. ; Board called back to order at 8:14 p.m.

2.  Round 10 LDO Amendments presented by Mr. Ricky Barker

Public Hearing: 
Linda C. Jacobs, resident of 1240 Batchelor Road, Apex, stated that this Council wants to strangle property owners and not live up to the promises made by Don Belk and Planning Staff when the Southwest Area Plan was initiated.  She also stated that large wetlands in this area could be traded to open space, which now is not true because we have an offer based on the current ordinance of 22 lots; however, this new ordinance “we don’t get to come to the table at all” and only have 8.63 usable acres of land that gets maybe 8 lots.

Sandra Jockish, resident at 3800 Green Level Road West, Apex stated that she has 40 acres of land, but only 8-1/2 acres can be used in this new ordinance.  She also stated that once Green Level West Road becomes 5 lanes, it will be approximately 10 feet from her door and that her house is 107 years old; more historical than anything else in the area.  She also reiterated what she has told Council four different times already that she is greatly disturbed/discouraged by the fact that “Green Level West Folks” don’t even get to vote on this change, nor do we have any control or recourse.  Finally, she asked “how do we become a farm with a 5-lane road in the middle of it?” She is totally against the SWAP amendments.

Motion to approve:   Mr. Brent Miller made a motion to recommend approval to the Council of Major Amendments Items 1, 2, 5, 6, 7, 9, 10, 11, 13, 14, 17, 18, 21, and all of the Minor Amendments (including the two images).
Second:  Mr. Joe Ciulla
Discussion:   Ms. Joy Wayman wanted clarification to Major Amendment Item #13 that the spaces will “count” in garages.  This was confirmed by Mr. Ricky Barker.  Some residents use garages as storage; so by adding ¼ parking spaces per unit to address location to not block flow of traffic.  Mr. Miller asked for clarification of Minor Amendment “B”.   He wanted to know about if subdividing additional lots may cause issues in the future and is this something to be considered for future LDO amendments?  Mr. Barker stated that the staff is planning to address “gifting of lots” and subdividing one additional lot in a future LDO amendment.
Vote:  8-0

Chairperson Commiskey stated her preference that items #3 (Conservation Residential Overlay District) and #15 (Cluster Residential Development) be moved to last part of the discussion.

Major Amendments #4:  Large Day Care Regulations
Motion to approve:   Ms. Carla Sadtler
Second:   Ms. Julia Rudy
Discussion:  Ms. Carla Sadtler stated that large daycares are essentially large businesses which are very disruptive to neighborhoods.  She concurs with Council’s direction to address other issues related to large home day cares.
Vote:  8-0

Major Amendments #8:  Heights in Town Center District
Motion to approve:   Mr. Brent Miller
Second:  Mr. Al Swanstrom
Discussion:  Several Board members asked questions about the reasons for the height changes.  Mr. Barker stated that a developer interested in building within the High Density Mixed Use subdistrict requested a change in height limits from 60 to 65 feet.
Vote:  8-0

Major Amendments #12:  Peak Runoff Study Requirements
Motion to approve:   Mr. Al Swanstrom
Second:   Mr. Harry Baulch
Discussion:   Several members requested clarification of the requirements and the impact on developments and downstream property owners.
Vote:  8-0

Major Amendments #16, #19:  Signs Within The Historic Districts
Motion to approve:   Mr. Brent Miller 
Second:  Ms. Julia Rudy
Discussion:  Mr. Brent Miller stated that he had provided  staff with numerous photos of signs that would possibly qualify as “historical” signs.  Mr. Barker presented several of the photos and how the new ordinance would apply.  Mr. Miller requested staff consider a future ordinance amendment once the upcoming Historic Inventory study is completed to potentially protect other signs outside of the historic districts.
Vote:  8-0

Major Amendments #20:  Additional Sign Requirements
Motion to approve:   Mr. Brent Miller 
Second:  Ms. Carla Sadtler
Discussion:  Mr. Miller stated that he was in favor of changeable copy signs, especially for churches.  He suggested that staff consider a future ordinance amendment to allow for these types of signs as long as it was legally defensible
Vote:  8-0

Major Amendments #3:  Conservation Residential Overlay District
Motion to deny:  Mr. Harry Baulch recommended denial since the proposed ordinance is not revenue-neutral (reduces values of properties)
Second:   Ms. Carla Sadtler
Discussion:  Ms. Carla Sadtler wanted the minutes to reflect a “laundry list” of concerns for this item; therefore causing an amended motion.

Amended Motion to deny:   Mr. Harry Baulch amended his original motion to reflect his recommendation for denial based on the “list” (which is not unanimous across the board):
Second:   Ms. Sadtler agreed with the amended motion 
Discussion:   The following list of concerns was generated by the Board:
-          Ordinance changes should adhere to guiding principles’ of original plan/agreement;
-          This items should be delayed until the Chatham County’s/Cary  joint land use plan is finalized;
-          There should be no provision to allow townhomes in the Rural/VLCR subdistricts
-          There should be criteria to ensure open space quality; 
-          The ordinance should keep the original definitions of primary and secondary space; 
-          The ordinance should preserve rural character through undisturbed open space vs. providing an
      amenity (managed land in center of development for public use, etc.);
-          Open space should be external and not internal;
-          The reductions in lots and increase in open space is too extreme (need to be changed);
-          The Town should improve open space town-wide not only in the Southwest Area;
-          The ordinance should not take away property value (value neutral);
-          The ordinance should define and maintain undisturbed open space; and
-          The ordinance should not remove the 10% for roads in the base lot calculation.
Several members talked about a work session to discuss these items further.  Staff offered to be available to facilitate a work session if the Board decided.
Vote:   5-3 (Ms. Julia Rudy, Mr. Brent Miller, Mr. Joe Ciulla opposed)

Major Amendments #15:  Cluster Residential Development
Motion to deny:   Ms. Joy Wayman
Second:   Mr. Joe Ciulla
Discussion:   Ms. Carla Sadtler stated that this would offer an option to the cluster issue, but still is tied to the CROD requirements.  It is still unclear where this ordinance would be used other than infill.  She also stated that this needs more attention and definition based on what happens with the CROD amendments.
Vote:   4-4 (Ms. Carla Sadtler, Mr. Harry Baulch, Mr. Brent Miller, Ms. Julia Rudy opposed)

3.  08-CPA-02 Southwest Area Plan Update presented by Mr. Scott Ramage

Motion to table:   Ms. Joy Wayman made a motion to table this item based on this item’s close relation to the other two items just denied by the Board. 
Second:   Ms. Kelly Commiskey
Discussion:  At this time, Mr. Ricky Barker stated that since this case was already advertised as a pubic hearing, the public hearing should be held.  This item could be tabled by the Board after the public hearing is closed.
Motion withdrawn:  Ms. Joy Wayman withdrew her previous motion.

Public hearing opened by Chairperson Commiskey at this time.  Staff, Mr. Scott Ramage, stated that this amendment was based on the recommended LDO amendments related to the CROD discussed earlier.

Public Hearing: 
Linda C. Jacobs stated that the SWAP addresses a very unique area and it has a lot of wetlands.  She stated the percentages just don’t work and is a punishment to landowners with wetlands; nobody should take an area just to accommodate large land owners.  She also stated that this Council won their elections based on the notion of “no new growth” and their political favors are on our backs.

Sandra Jockish stated she didn’t have too much else to add to this and agreed with the previous speaker.  She stated that her parcel of land is divided such that 20 acres is in Apex and the other 20 acres is in Cary.  The Apex portion has a land use designation of O&I leaving the rural area at Green Level as “just not being there”. 

Motion to deny:   Mr. Harry Baulch recommended this item be denied and forwarded to Council.
Second:   Ms. Joy Wayman
Discussion:  None
Vote:  5-3 (Mr. Brent Miller; Ms. Julia Rudy; Mr. Joe Ciulla opposed)

G.  Rezoning, Comprehensive Plan Amendments, or Mixed Use Sketch Plan Requests with no public hearing:  None

H.  Site/Subdivision Plans:  None

I.    For Information

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

J.   New/Old Business:   None

K.   Chairperson Commiskey adjourned the meeting at 10:52 p.m.

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.