Planning Commission - Regular Meeting

All right, good evening, and welcome to the Planning and Zoning Board meeting. Thank you for joining us tonight. I'll call this meeting to order. Our board clerk, Julie Mitchell, will take roll call this evening.

Great, thank you, Chair. For the record, the following board members are absent, Mike Roselli, Chris Johnson, and Ken George. The following board members are in attendance, Ruben Moore, Sal Camerata, Boshana Etten, Jeff Moncrief, Sean McAndrew, Andy Coe, and Diane Mayo.

Terrific. Thank you. So the Cary Community Plan will continue to be the guiding document for this board. Our role is to function as citizen advisors to the council who will ultimately make the final decision on all rezoning activity. We recognize that not all rezoning requests are supported unanimously by our members of our community, but we strive to balance the impact of increased building density required to support Cary's growth while maintaining the historic charm and character of Cary. The Cary Community Plan was initially adopted in 2017 following a collaborative effort between Cary citizens and our town government. That collaboration has continued and resulted in a recently updated version of the plan adopted by Council in January of 2025. The chapters include Live, Work, Shop, Engage, Shape, Move, Enrich, Serve, and Act. The Community Plan can be found on Cary's website. Your citizen opinions based on the plan play a very important role in advising our leaders. We encourage our citizens to refer to the plan and provide feedback that is based on the guiding principles of the plan as it relates to the specific zoning request. While this is a public meeting, it is not a public hearing. There's no opportunity for the public to speak during this meeting. If you have comments about any of these items, we encourage you to reach out to staff by email or phone. You may also reach out to the board members through email. You may also contact council directly through email or during the public speaks out portion of any regularly scheduled council meeting. These meetings may also be streamed live on Carrie's website and will be posted to YouTube. All past planning and zoning board meetings are available to view on YouTube. At this point, I would like to make a motion to adopt the agenda. Would someone be willing to make a motion?

So moved.

Second. Second. All those in favor, please state aye.

Aye.

Any opposed? And we also need to take care of reviewing the, approving the April minutes. Anyone like to make a motion on the April minutes? So moved.

Second.

Second. All those in favor, please state aye.

Aye.

Any opposed? All right, that brings us to our order of business. So the first item on the agenda is a combined presentation for the Act 37 Imagine Cary Community Plan Engage and Move Chapter Updates and the corresponding Act 38 LDO Amendments. Juliette Andes. the Transportation Director will share the staff's presentation. Please note that the Board will have the opportunity to vote separately on each of these items. Following the presentation, all Board members will have an opportunity to ask questions of staff, and Ms. Handes, you may proceed. Thank you.

Good evening. I am here tonight to present the Imagine Cary Community Plan Engage and Move Chapter Updates, along with the corresponding Land Development Ordinance Amendments related to the Cary Bike Plan and Parks, Recreation, and Cultural Resources System Plan. The process for completing these amendments is to hold a public hearing, which was done on April 30th. At the public hearing, the Council recommended the amendments to the Planning and Zoning Board for review. And tonight, the Planning and Zoning Board may recommend it back to Council for final action and adoption. While the Board is not responsible for taking action on individual plans, the Board is responsible for making a recommendation on plan amendments. Tonight, the board is being requested to take action on Act 37 and 38, not approval of the PRCR system plan or the carry bike plan. We will start off with Act 37, the comprehensive plan amendment, which proposes the PRCR system plan and the carry bike plan be incorporated into the engage and move chapters of the carry plan. Imagine carry plan. The Imagine Cary Community Plan, adopted in 2017 and updated in 2024, is Cary's comprehensive plan created by the community. The vision and policies set within the plan remain applicable today and are used in all aspects of Cary's decision making. During the 2024 update, staff reported that additional planning initiatives were underway and that other chapters would be amended as new plans and initiatives are developed. including the Engage and Move chapters within the PRCR system plan and the Cary Bike Plan. The Engage chapter update incorporates the new Parks, Recreation, and Cultural Resources system plan approved by Council in December of 2024. Primary changes continue to acknowledge Cary's nationally accredited PRCR department, Cary's extensive Parks and Greenways system, and Cary's cultural opportunities and recreational programs. Minor text edits were made to other portions of the plan chapter. The plan is an aspirational roadmap that sets a vision for our future at this moment in time. It is to be used as a guidance document with the flexibility to change based on the community's evolving needs, new trends, or economic performance. The PRCR goals adopted in 2017 will be replaced by the six guiding principles of the approved 2024 PRCR system plan. Six key principles emerged during the planning and engagement process. Each principle establishes goals, objectives, and actions for achieving the plan's vision. The six principles include Cary invests and grows, Cary reinvests and evolves, Cary connects, Cary stewards, Cary creates and Cary innovates. Primary changes to move are focused on the bike element of the chapter and updates to the thoroughfare and collector street corridor profiles to incorporate the bike plan and new national guidance. Additional updates include adding council's adoption of Vision Zero and integrating safe system principles into the existing move policy. Minor changes to the planned roadway width, bike, pedestrian, and transit maps. A lot has changed since the original community plan adoption, both in how communities design bike facilities and how people want to use them. We hear increased demand for safer, more connected options, not just for recreation, but for everyday travel. This is a testament to our amazing Greenway network getting millions of visitors walking and biking who want to do more. This will also better align with broader town priorities like Vision Zero and Mobility Choice. Proposed changes to the corridor profiles allow for greater flexibility within the roadway corridor, reducing widths for travel lanes and allowing additional room for bike and pedestrian facilities while maintaining the same amount of right-of-way. The planned roadway width map will be amended to change Kildare Farm Road from a five-lane thoroughfare to a four-lane landscape median thoroughfare from Tryon Road to Cornwall Road. This change keeps the corridor consistent and allows for complete streets implementation with future redevelopment of the corridor. Changes to the planned bike and pedestrian routes map include recommendations from the bike plan and PRCR system plan, such as updating bikeway types along identified corridors and updating the greenway system. Planned transit route map changes incorporate changes to go carry and the regional transit system since 2017. Cary Depot to Crossroads Service, Service on West End Parkway, Cary Depot to West Raleigh Service, and Cary Depot to Downtown Apex Service. As noted in the staff report, the move chapter includes eight guiding policies, which are not changing. The policy intents are being updated to align with Vision Zero and the Cary Bike Plan. Specifically, guidance to give pedestrians, bicyclists, and other non-motorists priority within the transportation network policies one, two, These plans and amendments are built from several years of community engagement and feedback. Both the bike plan and the PRCR system plan processes included multiple opportunities for public input. Over the course of the planning process, thousands of residents participated through surveys, open houses, workshops, and at festivals. As a final step in the engagement process, an open house meeting for both plans was held on March 25th of 2025. The PRCR system plan and carry bike plan, along with the text amendments for Engage and Move, were posted in November 2025 for comments and remained open through February of 2026. Community feedback we heard during the review included overall support for the Engage and Move chapters, with particular interest in improving comfort, safety, and connectivity to expand transportation choices. Comments also noted the desire for more detailed implementation guidance, noting that the pace of implementation and availability of funding will be key factors in the plan's success. We presented the PRCR system plan and the bike plan at a council work session with the discussion focused on plans being aspirational and establishing a vision for the future, implementation of projects with future capital requests, changes to corridor profiles, clarification on the plans and process, and engagement between staff and the development community throughout the planning process. A representative of the PRCR Advisory Board and a representative of the Bike Plan Focus Group spoke in favor of the plans and amendments at the public hearing. Council comments on the draft plans included consideration for early wins and future prioritization for implementation of the plans, equitable access to housing, and concerns with existing greenway connectivity in District C. Minor text changes to move have been included since the public hearing. Section 3.2.4B of the Land Development Ordinance provides that plan amendments are evaluated based on whether they address changes in projections, new issues, opportunities or needs, shifts in policy direction, or potential errors in the plan. This amendment addresses new needs and opportunities by updating best practices for bicycle facility design, multimodal safety, and parks and cultural resources. It also incorporates the bike plan and PRCR system plan for stronger policy and network guidance. Additionally, it reflects Cary's refined vision by adding Vision Zero principles and emphasizing connectivity, safety, and access for all users, ensuring that the Imagine Cary community plan stays aligned with current priorities and adopted plans. This concludes my presentation on Act 37, and I'm happy to answer any questions.

Thank you. Do you want to start down here? I'll start with you, Ruben. Do you have any questions specifically about the 37? I do not, Jeff. Thank you. Okay. Sal?

Yeah, I mean, a lot has changed with bicycling now with the, you know, event of e-bikes. Has that been considered in the plan? Because as a You know, as a person that's out walking trails and riding, got a lot of questions as to, like, are they allowed to do that? You know, so can you address that, the use of e-bikes and how it's been incorporated in the plan?

Yeah, staff has looked at, there is micromobility e-bikes and other, you know, scooters and other types of micromobility devices were looked at as part of the plan. And there's also ongoing efforts by staff to continue to kind of evaluate the use of e-bikes on our greenways and policies around those. We did a greenway safety campaign last year that talked a lot about education for e-bike use on greenways. So it was addressed a little bit in the plan, and it's kind of a continuing, evolving topic that staff's continuing to work on and monitor.

But there's articles within the plan that address it specifically?

Yeah.

Thank you. Sure.

Yes, I'm just kind of trying to clarify a little bit. The slide that you have with the cross-section of the street, which I think is a great slide, your vehicle lanes, so they're going to get narrower. I'm just trying to figure out how they're going to fit everything. So I'm just curious. And I love the protected, you know, division between the bikers and the vehicles, but is the vehicle lanes now getting tighter?

Yeah, so we tried to maintain the existing right-of-way. We did look at narrowing the roadway, the travel lane widths to create more space for other users like cyclists. And So yeah, we're not requiring any additional right-of-way. We're just kind of repurposing some of the space to make more, to create more room for other, for the, you know, different types of facilities that are being recommended.

So on Wade Avenue, if we're going in Raleigh, like it is kind of tight there. So it's going to be somewhat like that, I guess. In terms of how it feels, everyone has really big cars. But it's good because it slows the traffic down, which is great for the bikers. I'm just trying to figure out how much narrow are we getting, and is it going to feel almost like you're driving on Wade Avenue, where it's very close?

I think we have a minimum lane width. Todd, if you want to come down and talk a little bit more about the specifics.

I don't know what Wade Avenue dimensions are, but they are narrow.

We don't anticipate going below. 11. Okay. This just decreases it from the 14 that's currently shown, which is the wide outside lane design, which we're no longer implementing.

So it'll be just like a 12-12 or 11-11?

11-12, yes, and it depends on the lane use and context.

So then would you guys try to implement this potentially within the existing, let's say Kildare, you mentioned Kildare, would that only happen if there's some new building going on, or can you go in and just start implementing this plan?

I think there are multiple opportunities for implementation. Redevelopment is always a way to start to kind of build that foundation. Corridors are a little bit more difficult to do, you know, bicycle facilities because they're typically, you know, corridors are a lot longer than individual sites. We can look at it through future capital projects.

And I don't know, Todd, is there anything?

No, it's likely new development, which will occur parcel by parcel, or a corridor project, which would likely be a capital project.

So not like something existing that we can try to improve.

Yeah, I mean, a future project could be taking an existing corridor and repurposing lanes. We've done some projects, like on Walnut Street, where we've, within the existing right-of-way, repurposed the lanes to create more space for cyclists. So I think it'll just be on a project by project basis. But that is definitely something we'll look at as we build the capital budget in future years to look at how we can implement these sorts of projects as part of that process. Thank you.

Can I ask a follow-up? Yes, sure. This in no way establishes 11 or 12 feet as an absolute minimum lane width. I mean, given context or road function, we could go narrower than 11 or 12.

The move chapter update does not establish a minimum plane width. That would likely occur in the standard specs or the details. Okay.

I noticed it wasn't in the proposed cost section, so I just want to make sure we can feel smaller in the right place.

Correct, and that's the intent.

All right, thank you.

Thank you. Sean, do you have anything to add?

No, not at this time.

Andy? Yeah, I don't know if I have a question per se, but just to tag on to what your comment was before about the e-bikes, I know that It has been a nuisance in many communities and on greenways. And I think the town of Holly Springs recently passed an ordinance on June 1st that addressed that. But it sounds like you're on top of it. I know this has been years in the making. But that would be definitely something to monitor for sure. But, no, I don't have any other questions per se.

And I think that the two things that I had in mind were obviously there's been a lot of press coverage about instances with the e-bikes and scooters and those types of things. But as a user, you know, I want to be a responsible user, so ways that we can find opportunities to make certain that people are aware. And it may not even be these planning and zoning. It may be a whole other section where there are ordinances that are created that address that issue. But then the lane width as well, that was helpful feedback, so I appreciate it. At this point, then, would we be voting? Unless there are any other comments, I would look for a motion.

Jeff, I want to just add... One comment about e-devices or e-mobility, micro-mobility. I do spend a lot of time on the greenways. I do see a lot of e-bikes in use. The kind of people I see using them I would never see on a regular bicycle. I would like to keep that opportunity open. And I think right now it's pretty well governed by the greenway speed limit. So as long as people are obeying speed limit and common courtesy about calling out on the side, I'd like to see electric bikes, scooters, et cetera, never disallowed from our greenways.

Yeah, no, as a user, I would agree with that. But I think people be common sense and, you know, be polite and all those things, too. So y'all can't legislate that, but hopefully people will do that. Then I guess at this point we would be ready to have a motion if someone's willing to make a motion to approve Act 37. Or to disapprove. How about a motion?

Sorry. I will make the motion to recommend approval of the amendment to the comprehensive plan. So I move that the board forward the Act 37 amendments to the Cary Community Plan to plan to town council with a recommendation for approval to amend the Cary Community Plan as proposed.

Any comments or additional points on that or? If not, we'll look for a second. I'll second. All right. Then at this point, I just think the point is the serve and engage and move, there's some specific components of the chapter that this is addressing. So those are the key components of the recommendation. So at this point, I would take a vote. All those in favor, please state aye.

Aye.

Any opposed? All right. We can move on to Act 38.

Great. Thank you.

Of the LDO.

The key purpose of the proposed Act 38 Land Amendment Ordinance Amendments is to implement initiatives from the bike plan and the PRCR system plan as incorporated into the Imagine Cary Community Plan. These corresponding amendments are needed to ensure the bike plan and PRCR system plan are fully implementable and enforceable. Act 38 has three major items. Item A includes technical updates to plan names and references throughout the LDO. Revisions remove outdated references to the 2012 master plan and update master plan to system plan. Item B includes updating technical requirements for implementation, including easement widths and clarification that greenways and bikeways are permitted within required buffers similar to sidewalks and street side trails. This item also increases bicycle parking requirements and requires bike parking for uses that don't require parking today. Additional changes include new bicycle related terminology, updating bicycle design standards, integrating references to the bike plan and move chapter, and including the bike plan among documents guiding development plans. Item C includes updates to processes and definitions to ensure consistency with other plan implementation revisions. Changes include clarifications of parkland dedication requirements, related processes, and provisions for greenway and public mobility easements. Section 3.3.3 of the Land Development Ordinance states that when reviewing proposals to amend the ordinance, Council should consider the following criteria. The proposed Act 38 amendments are primarily driven by the need to implement the policies, recommendations, and infrastructure frameworks established in the Bike Plan and PRCR System Plan as incorporated into the Imagine Cary Community Plan. As such, Standards 1, 2, and 3 are most applicable to this request. This concludes my presentation on Act 38 and happy to answer any additional questions.

All right. I'll just open this one up to the group here. If you have a question, feel free to ask. You'll just start with Diane, I guess.

Anything? Andy? No.

Anyone? All right. So I would be willing to entertain a motion on Act 38 as well, if anyone's so inclined.

I move that the board forward the Act 38 amendments to the land development ordinances to town council with the recommendation of approval to amend the land development ordinance as proposed.

Do you have a second? Second. All right, Andy. All those in favor, please state aye. Aye. Any opposed? All right. On to our final order of business this evening. Thank you. Thank you. So Act 41, it's an amendment to the Chatham County joint land use. Plan within the imagine carry community plan and miss Rachel Smith our principal planner will share the staffs presentation Following the presentation the applicant will share theirs all board members will have an opportunity to ask questions miss Smith you may proceed Good evening board act 41 is a comprehensive plan amendment the applicant requests to amend the Chatham carry joint land use plan for approximately six point five one acres and

of property addressed 955 Ernest Jones Road in Chatham County. The property is four-tenths of a mile west of the Wake County line between the Bryson Nature Preserve and the American Tobacco Trail. Nearby is the Diavolo Disc Golf Course and the Cary, Hidden Creek, Montvale and Weldon Ridge neighborhoods. While the property is presently outside Cary's corporate limits and extraterritorial jurisdiction, The plan amendment was filed to facilitate a request to develop the property and connect to Cary Utilities via annexation and the establishment of Cary Zoning. The joint plan was adopted in 2012 and incorporated into the 2017 Imagine Cary Community Plan. It covers approximately 18,000 acres and is intended to guide future land use, development, and public infrastructure. To protect water quality, the plan calls for very low density development around Jordan Lake with a gradual transition in density from west to east. It includes a land use map as shown here, and plan amendments and rezonings in the planning area are governed by an interlocal agreement. The surrounding area includes very low density residential, low density residential, and parks, open space, and golf course designations. Transitions between designations mostly follow identifiable features such as roads, streams, and open space. As shown in yellow, the 21.49 acre annexation and rezoning assemblage includes the amendment site and the parcel north of it. The applicant is seeking initial carry zoning of residential 12 conditional use, with the Jordan Lake Subdistrict to allow 27 detached dwellings, which is a density of 1.26 dwellings per acre. While the applicant was advised the rezoning could be conditioned so as not to exceed the maximum density for each land use area, they chose the plan amendment route. The rezoning is on hold and will continue separate review and approval by the Cary Town Council should the amendment be approved. Thank you. Cary and Chatham County staff are coordinating to follow the amendment process per the interlocal agreement. The applicant submitted a rezoning request to Cary in January, which was found non-conforming with the plan due to the proposed density being too high for the very low density residential parcel. Plan amendment applications were then filed with both jurisdictions in March and public hearings were held by both the Chatham County Board of Commissioners and the Cary Town Council in April. The Chatham County Planning and Zoning Board recommended approval in May, and the commissioners unanimously approved the resolution to adopt the amendment in June. A public hearing for this request was held in April, and there were no public hearing participants. Council shared general questions and comments about the joint land use plan amendment process and timeline, and whether they should revisit the plan with Chatham County in the future. The LDO provides criteria by which comprehensive plan amendments are evaluated. Does the amendment address changes in projections or assumptions, identify new issues, opportunities, or needs, address shifts in policy direction, or identify potential errors or omissions in the plan? In this case, the request is driven by a desire for additional development density. From staff's preliminary analysis, there may be some limited support for consideration based on the criteria. The site is in an area with a mix of land use designations and amenities like the American Tobacco Trail and parkland, some of which have been added since planned adoption. Portions of the larger rezoning site are already designated low density residential, and Ernest Jones roads could function as a logical transition between designations. At the same time, the joint land use plan emphasizes preservation of rural character, so the request should be weighed against that overall vision. This concludes my presentation. The applicant's representative, Matthew Carpenter, will provide comments. And afterwards, I'm available to answer any questions you may have.

Thank you.

Good evening Matthew Carpenter with Parker Poe 301 Fayetteville Street in Raleigh here on behalf of the developer and applicant Toll Brothers. Also got Chad Fisher with Toll here with me this evening if there any questions. Thanks to Rachel for the presentation as she mentioned this is the request to amend the joint land use plan designation for a six and a half acre parcel change it from very low density residential to low density residential. And the six and a half acres is part of the overall development tract, which totals 21 and a half acres. So as I'll get to in a moment, there are two different existing designations here, which have sort of driven this request. And because this property is in the joint planning area, we've had to go through this process before the rezoning can be reviewed. And decided on so this is really just the first step to allow us to move through With the rezoning and as Rachel mentioned just last week Chatham County approved the amendment on the consent agenda. There was no discussion. No questions and And so when you dig into the substance of this request, I think it becomes more clear that it's a very narrow sort of technical request. So if you look at the whole 21 and a half acre site, so that includes this land north of the portion outlined in yellow. So it's this whole tract. The northern tract is designated low density residential, which allows, recommends rather, up to two units an acre. The southern portion that's part of the request tonight is six and a half acres, and it's very low density residential at one unit per acre. And so the entire tract right now with these two designations recommends up to 35 units an acre. The rezoning is only asking for 27 units. So the overall density is below the current recommendation in the land use plan. issue is where the units are located so the area outlined in yellow is what now is a six half acres designated very low density residential which would only allow six acres in that portion I mean six units rather in that portion we're proposing eight so the the overall density of the project is below the current recommendation but because we have eight units instead of six in the yellow area we need to do this amendment so it's it's a very technical request and But we do feel that it also meets the the required legislative findings that are in the LDO Particularly that there are you know the bottom line is sort of that there have been changed circumstances in this area since 2012 the first of which is that the ownership of these properties, so We've worked with staff, and we aren't completely sure why one of these parcels was very low density residential one was low density residential and But during the joint planning exercise from 2010 to 2012, often property owners requested one designation or the other. And so there were a lot of changes that happened throughout that process. And at that time, these two properties were owned by different people. And so now they're owned by the same owner, and so that owner now, is working with Toll Brothers to develop the site. And so the common ownership there is a big change since the original plan was adopted. The second, and Rachel did a good job describing this, are the changes with the parkland surrounding here. The Cary Nature Preserve Park to the west, which used to be the feral property, I grew up in this area and I remember driving down that road, and then the American Tobacco Trail and also the park to the north. So there have been a lot of changes in terms of amenities in this area, not to mention the development just east of the Tobacco Trail, Montvale, all those surrounding communities. So the parks and amenities have changed significantly. The third is utilities. A big driver in some of the joint land use plan designations when they were made in 2012 was was the availability of utilities. I know some areas were designated much lower density because utilities weren't there or weren't expected to be there. This area at that time was sort of on the edge of the growth and the utilities. That has changed in the last 15 years. And there's water and sewer on Ludershop Road, which is now Marshall Parkway on the Wake County side, and then also on Yates Store Road. So all these subdivisions have extended utilities, water lines, sewer lines. There are several pump stations in this area. And so now the site's well positioned to connect to town utilities, which supports the additional density from one to two units an acre, even though, again, we're coming in overall about 1.2 units an acre. And so with that, we respectfully request your recommendation for approval. We're happy to answer any questions. Terrific. Thank you.

Thank you. Does anyone start down here? Well, I started with Diane's second. So, Sean, let's go start with you. Do you have any questions? I saw you taking the notes.

The property next to it, it is LDR, but what is the actual zoning for that property?

It's Chatham County R1.

right so that's chatham county r1 correct so that area is not in the etj correct yes they'll have to annex to rezone okay so can i ask an overarching just an overarching question maybe um because we're talking about this was 2012 our plan was adopted in 2017 there's annexation involved so ultimately, this was never really part of, I guess what I'm trying to get at is, was this ever part of the plan? We're trying to adopt this. And at the end of the day, I'm just trying to understand when decisions were made on how this was zoned originally, it preceded our current plan that we're trying to adopt. So, and it wasn't even Wake County at the time, right? It was a, which is why we've had Chatham County's commissioners opine on this. So, It's a little bit confusing. Maybe I'm not asking a good question, but the big picture is there was no expectation that the plan would govern this land when it was zoned, and so now we're looking at an opportunity to annex, which requires us to have it be compliant or modified from the plan as these discussions and ultimately council decides. Is that a fair question?

I'm going to try and unpack this.

Okay, sorry.

So this property is in Chatham County, and the preponderance of what you see on your screen does have either Cary or Chatham County zoning on it. So generally, to the right-hand side where you see the subdivision lines, those are Cary neighborhoods.

Okay.

So they have Cary zoning on them. Generally, to the left-hand, you see those larger lots. Those are mostly going to be Chatham County R1. That's their most common zoning.

But some of those could have been annexed, and some of them could have not, correct? We have other properties that have been annexed in Chatham. Those, though, are they getting their utilities from Cary?

Yes.

Okay, or they could be on Septic, or that's ultimately what I was...

So everything on the right of the American Tobacco Trail, that's in Cary already?

Yeah.

Okay.

But on the left, the adjoining properties and stuff, a lot of those are in Chatham and not, unless you're annexed, everything to the left of that is in Chatham and wouldn't be compliant or wouldn't be governed by this body or other bodies related to Cary and Wake County.

So they're not in the ETJ, so right, they're not in Cary's planning jurisdiction. They would have to be rezoned and annexed at the same time, correct?

Anyway, that was a long way to get to that, and I apologize, but that was really the point is you couldn't have asked us a question until now. It's what you were effectively saying, and so I'm sorry. I hope that helped people. I don't know if it did.

But then the question that I asked, where Cliff Pines Road is, that is not Chatham County. That is... Because that can't be Chatham County R1.

No, that's Cary Zoned.

It's in Chatham County, but it's Cary Incorporated. Right. That was the one I asked for what is the zoning for that area.

Gotcha. Thank you. No, that is a great question. I think that might be a PDD, but let me see if I have it. Yeah, thank you.

Okay.

All right. That answers my question.

Okay. Anything, Andy? Not for me, no. Diane? No. No.

Yeah, on the public hearing that was held by Chatham County, would the Cary residents within that radius that you usually do, would they have been invited to the hearing?

Great question. So the LDO prescribes notice for hearings. For comprehensive plan amendments, there is no written notice to adjoining property owners like there are with rezonings.

But there will be ultimately, this starts that process.

Absolutely. The rezoning is on hold. It cannot process per the interlocal agreement at all until the comprehensive plan amendment is approved by both Chatham County and Cary. At that point, then the rezoning can start to proceed. We'll have a neighborhood meeting. There'll be written notice for that. The public hearing will have notice posted, written notice, our normal process.

I was asking about their hearing. They had a public hearing. I was wrong.

Yes. We do know that Chatham County did send notice.

Right, but what we don't know is whether or not it's compliant with what we would traditionally do. And I think, because I was going to ask the same question, ultimately, for this to be rezoned, it will have to go through a traditional rezoning process with the proper notification and all those things. And I think that's where, ultimately, we were trying to get. Sal just did it better, more efficiently than I did. Thank you. That's it.

I'm a little bit curious about the water and sewer and the paving of the road, but I don't think that really even relates to it.

At this point, I'm not sure that we're there, yeah. No, no questions. And just the only comment I would make, and I don't know, it ultimately, it may be, but the 1.2 versus the 2, and then in aggregate, this rezoning doesn't affect the intent the way it's presented today, I think is a positive. You know, whether or not that's committed or if it changes over the time, it's still... We're directionally heading in the direction it was always intended, based on the way I see it. I guess at that, then, we would take a motion for Act 41 from someone, if they're so inclined. I would appreciate that.

I move that the Board forward the Act 41 amendment to the Chatham-Carrie Joint Land Use Plan to Town Council with a recommendation for approval to amend the Cary Community Plan as proposed. I'm going to second.

Second. All those in favor, please state aye. Aye. Any opposed? All right. Well, then that wraps us up there, and I think that at this point we have no new business, so I have the pleasure of calling this meeting to adjournment. Thank you, everyone, for attending.