Town of Cary
Planning and Zoning Board
September 15, 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. Brent Miller; Mr. Alan Swanstrom; Mr. Hari Nath; Ms. Carla Sadtler (ETJ)

P&Z Board Members Absent: Ms. Julia Rudy; Mr. Joe Ciulla; Mr. Harry Baulch

 Staff Present:  

Doug McRainey, Parks Planning Manager; Jeff Ulma, Planning Director; Philip Smith, Planning Manager; Scott Ramage, Principal Planner; Meredith Chandler; Urban Designer; Debra Grannan; Senior Planner; Mike Pemberton; Technology Services Specialist, Tara Adams, Development Review Facilitator

Town Council Members Present: Erv Portman

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

 B.   Amendment and Adoption of Agenda (Chairperson Commiskey)

Motion to Amend Agenda: Ms. Carla Sadtler made a motion to approve the agenda with the following amendments: 

1.   Items to be included under Old/New Business:

a. PL08-027 Round 10 LDO Amendments

      Item 3 Conservation Residential Overlay District

      Item 15 Cluster Subdivision Option

b. 08-CPA-02 Southwest Area Plan Update     

2.       08-MU-001 Walnut Place Mixed Use Sketch Plan tabled until October 20, 2008

 Second: Mr. Alan Swanstorm

Discussion: None

Vote: 6-0

 C.   Approval of the Minutes of the August 18, 2008 Meeting (Chairperson Commiskey)

Motion to approve with the following corrections:  Mr. Brent Miller made a motion to approve the minutes with the following corrections:  

1.   08-CPA-02 Southwest Area Plan updates: Final vote; 5-3 (Mr. Miller; Ms. Rudy; Mr. Ciulla   opposed); Mr. Nath did not participate in the vote due to his absence from the August 18, 2008 meeting. 

 Discussion:  None

Vote:   5-0

 D.  Report from Council Liaison Erv Portman

        1.  Town Council Meetings on July 24, 2008 and August 28, 2008

 E.  Tabled Items

1.  07-REZ-21 Weldon Ridge PDD Amendment TBD

2.  07-REZ-30 Davis Drive PDD tabled until October 20, 2008

3.  08-REZ-06 Piney Plains Office tabled until October 20, 2008

4.  08-MU-001 Walnut Place Mixed Use Sketch Plan tabled until October 20, 2008

5.  08-MU-004 Alston Mixed Use Sketch Plan Amendments tabled until October 20, 2008

6.  08-SP-030 Nelson Road Industrial tabled until October 20, 2008

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

1. 08-CPA-03 White Oak Church presented by Mr. Scott Ramage

Public Hearing: Ms. Glenda Toppe, Jerry Turner Associates, spoke on behalf on the applicant/ property owner.  Ms. Toppe stated that the text change was needed to allow certain nonresidential uses that are compatible and complementary to residential uses in the Very Low Conservation Residential (VCLR) land use category.  In regards to the provision for senior housing, Ms. Toppe expressed the importance of providing housing options within all neighborhoods to help residents maintain their social ties and stay within their communities.  Pastor Charles Tyner, from the White Oak Missionary Baptist Church, stated that the life care center would service handicapped individuals as well as those 65 years and older.  The 34-acre site would also include an independent living center, an Alzheimer’s center, and an assisted living center.  Mr. Tyner noted the church has no intent to sell any homes or land associated with the site.  Mr. Fred Rasmussen, resident in the White Oak Church community, opposed the amendment expressing the importance of preserving one of the few remaining corners of western Wake County that has a rural nature.  Mr. Rasmussen also expressed concerns regarding traffic, light pollution, water degradation, and the impact on wildlife.  A list of surrounding property owners opposing the proposed amendment was provided by Mr. Rasmussen and entered in as an exhibit.  Mr. Rasmussen, and Ms. Marcia Moss, a nearby property owner, explained their fears that the open-ended wording of the amendment would open the floodgates to additional requests for non-residential uses in the area.  Ms. Marcia Moss stated that the proposed uses would not be compatible or complementary with the surrounding area.  Ms. Marjone Tompkins, residing on Old White Oak Church Road felt the assisted living facility would be more appropriate in an area not designated Very Low Conservation Residential (VLCR.)  Ms. Tompkins opposed subsidized housing in the area and felt that without assurances that the independent living facility would serve only those 65 years and older, it seemed more appropriate to classify the site as a single-family subdivision. Ms. Tompkins asked that development be limited to the Alzheimer’s center, as well as limiting disturbance along the American Tobacco Trail in order to preserve the rural feel of the area. 

Motion to Deny:  Ms. Carla Sadlter made a motion to deny the proposed amendment as it fails to meet the requirements of Section 3.2.2(B) of the Land Development Ordinance.

Second:  Mr. Brent Miller

Discussion:   Ms. Sadtler referenced the “burden” and “impact” the Southwest Area Plan had already placed on property owners in the area.  Ms. Sadtler expressed concern with the loose wording, and the need for text to be more clearly defined.   Ms. Sadlter noted that each special case in this area should be reviewed and considered individually.  Mr. Nath stated the nature of a life care community was inconsistent with the area.  Ms. Wayman disagreed with the motion referencing the need for senior life care communities in the area.  Ms. Wayman agreed that each project should be looked at on a case by case basis.  Ms. Commiskey supported the motion stating she would have preferred the amendment be Town initiated.   Ms. Commiskey stated that nursing homes and life care facilities could make it in this area if well designed, and the amendment would have likely sailed through if not associated with the specific request from the White Oak Missionary Baptist Church.  Mr. Swanstorm supported the plan amendment expressing the need to keep options open in this area.  Mr. Miller agreed with the need of senior housing and supports the church ministry, but opposed the idea of amending the land use plan which ultimately would affect 1800 acres. 

Vote: 4-2 (opposed Wayman, Swanstrom)

  2.  08-CPA-04 Greystone PDD Amendment presented by Ms. Meredith Chandler

 Public Hearing: Mr. J.W. Shearin, representing the property owner, stated that the Mills Park collector and other associated improvements created by surrounding development have drastically impacted the site.  The noise generated by the future I-540 freeway also does not lend itself well to a residential use. 

Motion to Approve: Ms. Joy Wayman made a motion that the board forward case 08-CPA-04

to Town Council with the recommendation for approval.

Second: Mr. Brent Miller and Mr. Alan Swanstrom

Discussion: Mr. Brent Miller voiced his support of the plan recognizing the need for services in this area. 

Vote: 6-0

 G.  Old Business

    1.  PL08-027 Round 10 LDO Amendments

         a. Item 3 Conservation Residential Overlay District

         b. Item 15 Cluster Subdivision Option

    2.  08-CPA-02 Southwest Area Plan Update    

 Motion:  Ms. Kelly Commiskey made a motion that these items to be brought back to the Board for further review and consideration since the Board did not give sufficient advice to Town Council on these matters. 

Second:  Mr. Alan Swanstrom

Vote:  6-0

  H.  Chairman Commiskey adjourned the meeting at 8:20.

 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.