Planning Commission - Regular Meeting

Good evening. 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.

Thank you, chair. For the record, I will call into the members who are in attendance. We have Sal Kamarata, Boshana Etten, Chris Johnson, Mike Roselli, Jeff Moncrief, Sean McAndrew, Andy Coe, Diane Mayo, and Ken George.

Alright. Thank you. So the Cary community plan will continue to be the guiding document for this board. Our role is to function as citizen advisers to the council who will ultimately make the final decision on all rezoning activities. We recognize that not all rezoning requests are supported unanimously by our members of the community, but we strive to balance the impact of increased building density required to support Cary's growth while maintaining 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 2025. The chapters of the plan include live, work, shop, engage, shape, move, enrich, serve, and act. The community plan can be found on website. Your citizen opinions based on the Cary community plan document play a very important role in at in advising our leaders.

We encourage our citizens to refer to the plan and provide feedback that's based on the guiding principles of the plan as it relates to the specific rezoning request. While this is a public meeting, it is not a public hearing. There's no opportunity for the public to speak during the 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 our board members through email.

You may also contact your council members directly through email or during public speaks out portion of any regularly scheduled council meeting. These meetings may 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. Let's begin with the adoption of our agenda. Would someone please make a motion to adopt the agenda this evening?

So moved. Second.

All those in favor? Aye. Any opposed? All right. The motion carries. So we have two meeting minutes to approve from our June and our July meetings. I would recommend or accept a motion first for the 06/23/2025 meeting.

So moved.

And a second? Second. All

those in favor, please state aye. Aye. Any opposed? Alright. We also need to adopt the minutes from our 07/28/2025 meeting, and I would welcome a motion for that as well.

So moved. Any second? Second.

All those in favor, state aye. Aye. Any opposed? Alright. Getting us down to business. Our first case this evening on the agenda is 25 R E Z 071412 White Oak Church Road rezoning. Miss Rachel Smith, principal planner, will share the staff's presentation. Following the presentation, the applicant will share their remarks. All board members will have an opportunity to ask questions of staff and the applicant. Miss Smith, you may proceed.

Thank you. Good evening, board. This is a request for annexation and application of initial town of Cary zoning for approximately 4.33 acres located at 1412 White Oak Church Road. The property is located East of the American Tobacco Trail and north of the White Oak Elementary School. The park's recreation and cultural resources master plan shows the Raff Terry future park site just to the north and a proposed greenway trail to the west of the site connecting to the American Tobacco Trail.

White Oak Church Road is a collector adjacent to the property. And the current zoning is Wake County Residential 40 Watershed or R 40 W. The applicant requests rezoning to carry residential 12 conditional use or R 12 c u with the Jordan Lake Watershed Protection Overlay District and the Conservation Residential Overlay District for a maximum of five homes. The proposed zoning conditions include limiting the use to five detached dwellings and associated accessory uses, which is approximately 1.15 dwellings per acre, a minimum of 1,200 square feet of community gathering space, which is double the LDO requirement for development of this size. The applicant has also offered pedestrian and roadway improvements, which include constructing a greenway or a street side trail connection to provide non motorized connectivity to the American Tobacco Trail.

Frontage improvements along White Oak Church Road, including bicycle accommodations either in a five foot lane or in a shared use path to be coordinated at development plan review, and a restriction that no individual residential driveways may have direct access to White Oak Church Road, which is a best practice for collector roads. Staff has evaluated the request against the Imagine Carry community plan. As shown by the blue star, the site is located within the Green Level special planning area. This special planning area supports a gradual downward transition and density moving west from NC 540 towards the Chatham County line with areas West of the Flat Branch Stream not exceeding about 2.5 dwelling units per acre. Additional policy guidance includes shielding developments and a predominant land use of detached dwellings on lot sizes of a quarter acre or more.

The proposed r 12 zoning and density of approximately 1.15 dwellings per acre generally meets the policy guidance of the special planning area as well as the LIVE and SHAPE chapters of the Cary community plan. For LIV, the proposal will add up to five additional homes in Western Cary with lot sizes and density comparable to adjoining development. For SHAPE, transitions are provided via the proposed use and density. The applicant's commitment to prohibit individual driveways on White Oak Church Road promotes the move chapter policy, ensuring safety for all users and modes. The offered greenway or street side trail connection from the site to the American Tobacco Trail, as well as the White Oak Church Road frontage improvements, which include a bicycle facility, may help to promote safe multimodal street designs.

When looking at the Enrich chapter, policies may be partially met by the proposal as the additional gathering space offered, 600 square feet more than the LDO minimum, may help to encourage open space preservation. A neighborhood meeting was held in June with two nearby residents in attendance. Their questions and concerns focused on traffic and potential construction impacts. Following the meeting, staff has also engaged with the resident across White Oak Church Road who has expressed concerns about driveway access given the future roadway Witts map shows White Oak Church Road as a planned median divided collector. At the October town council public hearing, there were no speakers and one written comment.

The written comment described concern with the proposed density and concerns with making a left turn onto White Oak Church Road. Council comments and questions included clarifications regarding the current Wake County zoning of the property and the concurrent annexation, comments that the applicant was indicating the desired five dwelling units, and they may choose to revise the zoning conditions to match, and discussion of the LDO requirements for buffers, frontage improvements, and the future roadway classification for White Oak Church Road. Staff's observations in terms of the Imagine Carry Community Plan are that the proposal may meet several policies for the green level special planning area, live, and shape chapters. The use of five detached dwellings and density of 1.5 dwelling units per acre aligns with the green level special planning area and generally fits the established residential pattern of the area. And the additional community gathering space offered may help with open space preservation.

For the Engage and Move chapters, the commitment to provide a multimodal connection from the American Tobacco Trail will help to promote active recreation and transportation for residents of the site and the area, and the restriction on direct driveways on White Oak Church Road may help with access management considerations. This concludes my presentation. Isabelle Maddox, the applicant's representative, is available to provide comments, and she is joined by Randy Miller for questions. Following her remarks, I'm available to answer your questions.

Terrific. Thank you, Rachel.

Evenings, mister chair and members of the planning board. I'm Isabelle Maddox, law firm Nicholson Crampton. Address is 3700 Glenwood, Raleigh 27612. Here tonight representing the applicants, White Oak Estates LLC, the owner of this property. With me tonight are Servini Ravuri, principal of the owner, and, Randy Miller, our engineer.

It was a great presentation. I don't wanna belabor any of these points. We are seeking to rezone from R 40 W to R 12 C U with the conservation resource overlay and the Jordan Lake overlay. We did at council's request, we did codify our request for only five units on this property. And I think we have a good layout.

It's sort of an irregularly you know, you can see the sort of pointy shape, and so it basically has four lots on the bottom with one in that little point of the v, providing generous buffers all around. As was noted, there are several interesting adjacent properties, American Tobacco Trail being the most interesting one, and, that's a variable width trail, but about a 100 feet wide. We're adjacent to this site. And to that, we add a 50 foot buffer. So they've got at least a 150 feet there of that corridor, also above White Oak Elementary.

And the school property already includes some pretty wide buffers around that site. It's it's completely fenced in as well. We are providing a 40 foot buffer adjacent to the school. We believe these are ample to to buffer what is really low density single family residential housing. On on a pure acreage basis, on this site, with just under five acres with r with r w r 40 w, which is 40,000 square feet per lot, we could actually do five point o three units there.

We're proposing five units. And we're we think we're providing good buffers to the school and to the American Tobacco. And and, you know, the path on American Tobacco is 10. It it widest might be as as wide as 15 or 20 feet, but 10 is the more typical width. So that's, you know, a 150 foot corridor for a fairly narrow trail.

We do think this meets the vision for the eastern part of green level small area plan. And it's, you know, it's a very I don't know if it's rural, but very green area. And we think we're gonna continue with that tradition here, with generous buffers and, you know, low density in basically one unit per acre development. We are adding greenway and and, road improvements as was noted. If we you know, Randy Miller is here if we have any technical questions or or applicants here as well. So Okay. Any questions?

Well, we'll find out here in a minute. I appreciate your, your presentation. So the Cary community plan is the place to guide the development in Cary. Members, as you think about your questions, keep in mind how this proposed case fits or does not fit in the community plan. When making a motion, it would be helpful to describe how you see your motion impacting the Cary community plan, for example, with the work, shape, or live chapters. While this is not a requirement, it would help town council understand how you think this case applies to the plan. Do any of the members have any questions? We'll start with you, Bashan.

Are there any champion trees on the site?

So that will be required at time of development plan to provide that information. There may be. There may be.

Okay. So there's nothing right now that Correct.

That was my one quick question.

Sure. Any other questions?

I have one. Ken? So was the, the decision to go from six to five was because you only ever intended five. Is that correct? I'd like to get some clarification on this.

That's right. I mean, I think they they're talking.

That's basically right. I think by the time we were at public hearing, we had decided to go to five. We hadn't put it in a condition yet. I think initially, they may have been thinking maybe six, but decided five would really be more appropriate here.

Is that because of the layout and the

Yeah.

That that shape, that pie shape?

Right. The layout.

Because I was thinking is is that we're trying to there are some denser around it. Yeah. Way denser around it, and I thought we're trying to provide, meeting new health household needs and more affordability. And I felt like an extra lot would possibly make them more affordable. But if they can't fit them in there, you can't fit them in there.

Well, you know, I think if we made them a little bit smaller, we could get a few more in. And I'm our my clients would not be averse to that. But I think with staff guidance, they were encouraging, you know, probably a little bit lower density. So that's the direction we went in.

Okay. That's interesting. Thank you.

Any other questions or comments at this time? If not, we would entertain a motion for 25 REZ 1412 White Oak Church Road. The motions are provided either on the screen or, at your, your table here.

I move that the board finds 25 R E Z 07 is consistent with the comprehensive plan and all other applicable plans for the reasons set forth in the staff report presentation and discussion by the planning and zoning board.

Second. Do you have a second?

Alright. So, I'll just ask you, Sean, any discussion?

No. I mean, it it's put together. All of the issues were addressed by staff. It's consistent with, the vision of of the town of Cary Plan and, you know, continued, you know, infill.

Yep. Any other comments? Or

I think as I said before, I think I would have preferred more you know, one more unit because it'd still be less dense than those around it, and we're trying to provide more affordability. It seems like it's a little opposite of what we we should be doing, but, but it it fits the plan.

Yeah. Yeah. I think I read that two and a half units per acre is sort of adjacent density, and it would have been one and a half at six here. But, so if no other, questions or comments, then we would go ahead and take a vote. All those in favor, please state aye. Aye. Any opposed? Motion carries. Alright. That moves us on to our second case for the evening. And it is 25 R E Z 09 Fairbanks Road rezoning. Erin Puckett, principal planner, will share the staff's presentation. Following the presentation, the applicant will share their remarks. All board members will have an opportunity to ask questions of staff and the applicant. And Ms. Puckett, you may proceed.

Thank you, chair, and good evening, board. This is a rezoning request for approximately point four five acres at 1505 Fairbanks Road. The site is on the North side of Fairbanks Road, approximately 375 feet northeast of Chapel Hill Road. The site includes a single detached home. To the south of the subject property, there is an existing office development, and the surrounding area otherwise consists of a variety of housing types and lot sizes.

To give a bit more locational context to the site, here you can see the site's location North Of Chapel Hill Road. The SB Temple is located to the South, and the Park Place Shopping Center in Morrisville is to the West. The park's recreation and cultural resources master plan does not propose any greenway corridors within or adjacent to the site. There is a proposed street side trail on the north side of Chapel Hill Road. Fairbanks Road is a collector street adjacent to the site.

And the nearest transit service is on Chapel Hill Road, which is GoTriangle Route 310. Current zoning is residential 20 or R20, and the applicant proposes to rezone to residential eight conditional use or R8 CU, should the rezoning be approved, it would be possible to split the lot into two detached dwelling lots via exempt subdivision. Now having explained the site characteristics, I do want to take a moment to explain how the subdivision exemption could apply to this site. North Carolina general statutes exempt certain divisions of land from subdivision requirements if they meet parameters related to size and the number of lots created. Due to this site's small size and the number of lots possible under the rezoning, two, it would likely develop under this state exemption.

The reason this is important is that typical site development standards of the LDO would not be required. This includes buffers and streetscapes, right of way dedication, and road and pedestrian improvements. However, dimensional standards of the LDO such as minimum lot size, setbacks, and maximum building height would still apply. In this case, only those development standards which are offered via zoning condition would apply if the site is rezoned and develops under this exemption. Zoning conditions include limiting development of the site to two lots for detached dwellings, right of way dedication and frontage improvements, including sidewalk along Fairbanks Road, and providing two car garages for each unit with garages to be wired for future electric vehicle charging.

An analysis against the Imagine Carry community plan finds that policies in the live, shape, move, and enrich chapters apply. In regards to live, the proposed rezoning would redevelop an existing residential lot located between existing office uses and detached residential lots with two lots for detached dwellings. Regarding the shape chapter, the anticipated exempt subdivision will not incur LDO requirements for streetscape or buffers, and the applicant has not offered buffers via conditions. This makes full consistency with the shape guidance on development appearance and quality somewhat challenging, although the impacts would primarily affect only the two residential lots that could be developed under this rezoning. The move chapter policies appear to be generally met as the applicant has included zoning conditions to provide right of way dedication and frontage improvements and sidewalk construction on Fairbanks Road.

And regarding the Enrich chapter, the zoning condition for EV charging wiring in the garages of both dwellings may help to promote policies for energy efficiency and sustainable energy. The future growth framework designates the site with the traditional neighborhood development category, which supports a modest mix of housing types, including detached residential. A virtual neighborhood meeting was held in July. There were eight attendees with questions and comments regarding the potential size and appearance of the future dwellings. There have not been any calls or emails since the neighborhood meeting.

A public hearing was held in September. There was one written comment from a citizen which did not specify support or opposition but simply laid out some questions about the rezoning. There was no discussion from counsel. And following the public hearing, the applicant made one clarifying addition to conditions to specify the use of the property would be for two lots per detached Schwells. To summarize staff's observations, we find the small residential infill site is supported by some live and shape policies, as well as the future growth framework designation.

The commitment to frontage improvements that would typically be required by a development plan but not under an exempt subdivision ensures consistency with move policies. The enriched chapter may be modestly addressed via wiring for future EV charging in the garages, while staff does note that no buffer or streetscape plantings would be required, again, should the site develop under the state subdivision exemption. This concludes my presentation. Glenda Top, the applicant's representative, will provide her comments, and then I'm available for questions.

Terrific. Thank you.

Good evening, board and members of the planning and zoning board. My name is Glenda Top of Glenda S. Top and Associates. Staff has done an excellent job explaining the case, so I'll just go over it briefly. The current zoning is r 20. We're proposing r eight conditional use. As Steph pointed out, we have clarified the zoning condition that we're proposing two single family detached lots

with

a minimum lot size of 8,000 square feet. The zoning around the property is adjacent to office, and the residential zoning districts are a combination of r 40, r 20, and there's a lot of TR conditional use zoning. The Cary Community Plan designates the property as a traditional neighborhood, which does allow for small and large lots, single family detached, which we are proposing. At the public well, at the public hearing, there were no comments. And also at the neighborhood meeting, those that were in attendance were in support of the rezoning.

This is an infill piece of property. This area has seen a lot of development over the last several years, and it's starting to redevelop. So the applicant is looking to take this single lot and divide it into two lots and put two single family homes. And, also, it helps to revitalize this area along Chapel Hill Road that also has seen a lot of development over the last couple of years, and we feel that the proposed use is a good fit for this area. So with that, we'll conclude my presentation and answer any questions you have.

Alright. Thank you. Once again, just keep in mind the Cary Community Plan is to think about questions. Does anyone from the board have any questions about this case? You don't? I do.

Go ahead. I missed a technical question maybe. So is I know there's an empty lot on one of those. Is that the one beside it or the one that's, two lots down?

Let me

see if I can pull up the vicinity map. I believe there is a home on the adjacent.

Is that right? The adjacent one's empty? I think so.

Oh, I apologize. Yes. You're right. The intervening one is empty, and it's the next one to the north that has a home on it.

Okay. So my question would be with this this general statute that allows exemption. If these lots are brought individually, they would individually fall in the same exemption. Is that correct?

That's correct. They would still need to meet all the dimensional requirements. So we know in this case, it does. I can't speak for any of the other lots. If they're slightly smaller or narrower, they may not.

So if it were bundled together, we might be a subdivision. But by doing it this way, we can do that. But they're covering the the only thing that I saw that was drawback is that the the buffer, but everything else would be pretty much as the it would be if it were subdivision except you have the runoff and all the other subdivision requirements we talk about. So

Right.

Alright. That that's my question. Thank you.

I I just was curious. Do you know, would this be two two driveways? Is it too early to tell? I mean, are there any restrictions, or would we desire any restrictions with regard to the amount of access to to this particular road?

So I believe, and transportation may be able to speak further to this, but we believe initially it would be two driveways. We do not anticipate a shared driveway.

Okay. Any other questions from the board?

Is the is it is the existing house being taken out, or is it just adding one house?

It would have to be taken down if this were I'm sorry. And I went to the wrong final slide there. It it would likely be demolished in order to make the dimensional requirements of those lots work. I apologize for one of the wrong discussion slide there.

I think it's centered there because I've I've

I've been talking to my kids a little bit lost.

House many times our kids snows our kids. So, yeah, at the Peter's kids. Yep.

Erin, it says it's going to put in, you know, basically, a sidewalk. Is it connecting to any, or is it just the start?

It does. Fortunately, this one does connect. So the office development to the south did put in their portion of sidewalk along Fairbanks. So this will extend it not very far,

about a 128

feet, but it'll set it up if we do get additional redevelopment in the future. Thank you.

Any other questions? If not, then I think at this time, we would entertain a motion. They're in your on your screen or in your packet there.

I move that the board find case number 25REZO9 is consistent with the comprehensive plan and all other applicable plans for the reasons set forth as staff report presentation and our discussion just now by the planning and zoning board.

Second. And we have a second. Any, comments, Ken?

I I think it's a great thing. It's, for that road, it's gonna be probably more to follow, certainly, to get, two new homes in there in place of a of an aging

Yep.

An aging home is a great thing.

Andy, any additional very straightforward. I think

it supports as the staff outlined in their, comments, the live, shape, move, and enrich chapters of the community plan. So pretty straightforward in in my mind.

Any other comments before we vote? Then we have a motion and a second. So all those in favor, please state aye. Aye. Any opposed? Alright. The motion carries. That brings us to our new business for the evening. We've got some rules of order for the planning and zoning board and then an annual work plan. And, Ms. Puckett, I'll let you guide us through the new business, please.

Alright. Thank you, chair. So you all should have a copy of the rules of order in your packet. All of Carrie's boards and commissions are in the process of reviewing and adopting their rules of order as well as their work plans. They will then return to counsel at their December meeting. The rules of order are intended to serve as guidelines that will help with the conduction of meetings and business pursuant to policy one fifty, which regulates boards and commissions within the town of Cary. And I'm happy to answer any questions.

Any questions from the board? Alright. And I I noticed that we had a third, well, let's see. So on that, would someone make a motion to approve the annual work plan? I need a motion there from someone. So moved.

Second.

Alright. All those in favor, please state aye. Aye. Any opposed? Alright. And, I noticed that we have an appointment of a vice chair. I I may have missed a memo. I thought we had a vice chair, but, we've got the the item here. Would anyone like to nominate someone for the vice chair?

I'd like to nominate Mike Rizzelli.

Second. Second.

Alright. So we've got a motion and a second to validate Mike Rizzelli as our our vice chair. Any discussion or further discussion on that? Otherwise, I would take a motion or a a vote. All those in favor? Aye. Any opposed? Alright. Did I open up a can of worms there? Do we need

to go I just wanted

to provide clarification. It's a

new board year, so that's why you're you're you had Oh,

we're in October. We've you that's right. We had the okay. Gotcha.

We're in a we're in a unique situation where have no new board members this year. So you all Okay.

That's what was confusing. It was no fanfare. It is a new board year,

so, technically, you have to reappoint the chair.

Awesome. That's

that's what we're that's what you just did.

We've got some continuity in in in the equation here. Well, then, that was that's it for tonight's meeting.

Excuse me, chair.

I'm sorry, chair.

We we do, we had the rules of order that we voted on, but we also do need to vote on the annual work plan.

I'm sorry. I yep. I I I skipped it over. I think I actually did those out of order. I had us vote for the annual work plan. So why don't we go ahead and, seek a motion for the rules of order as well? That was a new item new business item number one. Motion.

So moved. Second.

And a second. Alright. All those in favor, please state aye. Aye. Any opposed? Alright. Motion carries.

I do I do have a question about

Sure.

So council liaison and staff liaison roles, are those changing at all in the new board year?

I don't know if we will know about the, council liaison until December.

Is that time? Election?

Say? After the election, they'll have to make their new have no new members for sure because Jack's retiring. So they'll have to reaffirm all that so you guys will you guys will know.

Staff is not changing as far as we know.

No no pink slips in the mailbox. Okay. That's good.

But we'll let you know. Should any of those changes happen, we'll we'll obviously announce it at, you know, whatever respective meeting after the changes occur. Perfect. Thank you.

Any other questions before we call the meeting adjourned? And then I would move that the meeting be adjourned. Thank you. Appreciate everyone.

Thank you.