Village of Cary Zoning, Planning & Appeals Board met July 14.
Here are the minutes provided by the board:
CASE NUMBER: 22-ZPA-06-002
HEARING DATE: July 14, 2022
PETITIONER: Dave Cook, Elm Tree Properties, LLC
OWNER: Foxboro Group, LLC
LOCATION: 400 Haber Road
REQUEST: 1. Final Plat of Subdivision for Harper Pointe Phase 2 Subdivision
MEMBERS PRESENT: Khoury, O’Laughlin, Naatz, Kretschmer, Stefani, Jasper and Graziano
MEMBERS ABSENT: Williams
STAFF MEMBERS PRESENT: Brian Simmons, Director of Community Development
Chairman Khoury called the meeting to order at 7:00 PM. Chairman Khoury reviewed meeting procedures for those present. Chairman Khoury presented minutes from previous hearings for approval. The minutes were approved by voice vote.
Chairman Khoury called Village Case No. 22-ZPA-06-002.
Director Simmons stated the Petitioner, Dave Cook, Elm Tree Properties, LLC is proposing to resubdivide the 2.83 acres of land which comprises Phase 2 of the Harper Point PUD development project. In September of 2019, the property received approval of a planned unit development for the construction of twenty-two (22) duplex units and a two-story twenty-four (24) unit multi-family building for seniors. The Petitioner is seeking approval of a plat of subdivision in order to create the necessary lots of record for the individual owner-occupied units in the second phase of development of this project. Phase 1 received development and plat approval in 2015.
The proposed subdivision will create fifteen individual lots. Fourteen will be for individual duplex units while the remaining lot will be for the multi-family structure. The remaining outdoor common area will be comprised on Parcel B and maintained by the property association. Fifteen smaller parcels will also be created for the separate garage units which will be constructed as part of the development. These units will be affiliated with residents of the multi-family structure. Appropriate easements will be dedicated to both serve this property and adjacent development.
Director Simmons stated the subject property is currently designated as both Single-Family Attached and Public/Semi-Public within the Village’s Comprehensive Plan. The single-family attached designation is appropriate for townhome or rowhome developments and consists of the property currently under construction for the eight (8) duplex units. The public/semi-public designation is appropriate for land uses such as schools, religious institutions, and public safety buildings. This land use takes into account the prior use of the one-story building as a school.
The Petitioner, Dave Cook, of Elm Tree Properties was available to answer questions from the Board. Chairman Khoury opened the floor to public comment from those present.
With no comment on the petition from the public, Chairman Khoury closed the public comment portion of the meeting.
Chairman Khoury entertained a motion.
Member O’Laughlin moved, seconded by Member Kretschmer, to recommend to the Village Board of Trustees, approval of the final plat of subdivision for Harper Point – Phase 2.
Aye: Graziano, Kretschmer, Jasper, Naatz, Khoury, Stefani and O’Laughlin Nay: None
Abstain: None
Absent: Williams
Motion Passed 7-0
Director Simmons reviewed meeting dates and future cases to be presented to the Zoning Board of Appeals. Chairman Khoury entertained a motion to adjourn at 7:10 pm.
All Ayes by Voice Vote
Motion Passed
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