06-CPA-05 Wellington Park Comprehensive Plan Amendment

Staff Report to Town Council

1. Background Information

Current Comprehensive Plan Designation: Commercial (COM)

Requested Comprehensive Plan Designation: Medium Density Residential (MDR)

Acreage: Approximately 12.92

Location: Southeast quadrant of Tryon Road at Cary Parkway

Applicant:

Richard Wesiman

Diversified Communities

10 Sylvan Way

Parsipanny, NJ 07054

(973) 539-9144

rsw@dcomllc.com

Applicant’s Contact:

Jeremy Anderson

Kimley-Horn and Associates

3001 Weston Parkway

Cary, NC 27513

(919) 677-2000

jeremy.anderson@kimley-horn.com

Town of Cary Case Manager:

Philip E. Smith, Long Range Planning Manager

316 N. Academy Street, Cary, NC 27513

(919) 469-4029

philip.smith@townofcary.org

2. Summary of Requested Comprehensive Plan Amendment

A. Proposed Land Use

The applicant is requesting that the future land use recommended by the Cary Land Use Plan be changed from “Commercial” (COM), to Medium Density Residential (MDR).

B. Transportation

No change to Comprehensive Transportation Plan is proposed.

Existing Roadway Section:

Tryon Road: 3-lanes, approximately 90’ Right-of-way (ROW)

Cary Parkway: 5-lane, median divided, approximately 110’ ROW

Future Roadway Section:

Tryon Road: 6-lane median divided, 122’ ROW

Cary Parkway: 4-lane median divided, approximately110’ ROW

Schedule: Tryon Road widening phase II: FY ’06, 07

Sidewalk Requirements: Required on both sides of Tryon Road and Cary Parkway

Bicycle Requirements: 14’ Wide Outside Lane on both thoroughfares

Transit Requirements: Bus shelter for existing regional bus route and potential future Cary Transit route required along Tryon Road segment of project

C. Traffic Impact Analysis

This proposal is a down zoning, therefore no TIA is required for zoning. However, a TIA will be required for site plan. A TIA is been prepared by Town traffic consultant HNTB.

D. Parks & Greenways

According to the Parks, Recreation and Cultural Resource Facilities Master Plan, there are no parks or greenway issues related to this site.

3. Feedback at Town Council Public Hearing May 11, 2006:

The applicant’s representative, Jeremy Anderson stated there was little potential for commercial uses as required stream buffers took away all of the frontage along Tryon Road. The medium density residential will provide a transition between the single family residential areas in Lochmere to the office and commercial uses nearby. A Wellington Park resident expressed concerns regarding the traffic on Tryon Road and all of the new multi-family and commercial developments planned for Tryon Road near the Crossroads Activity Center. She requested a traffic signal be placed at the intersection of Wellingborough Drive and Tryon Road.

Town Council Comments: Council Member Jack Smith noted that this activity center had been successful in attracting quality office development and asked the applicant and staff to consider whether changing the land use to Office and Institutional might be better than Medium Density Residential.

4. Staff Observation on Plan Amendment

Wellington Park is designated as a Community Activity Center. According to Chapter 6, Section 6.6.2 of the Land Use Plan, a community activity center should contain plus or minus 500,000 square feet of non-residential space floorspace and higher density residential uses of at least 1 multifamily unit per 1,000 square feet of non-residential floorspace. The non-residential floorspace should be divided equally between commercial and office and institutional uses. In evaluating requests for land use amendments within activity centers, staff first examines the current mix of uses within the center and the impact the requested amendment would have on the desired mix. The table below depicts this information for the Wellington Park Activity Center:

Wellington Park Community Activity Center

Current and Proposed Mix

Use	Current Mix		Proposed Mix
	Developed Floorspace/Units	Vacant Acreage	Developed Floorspace/Units	Vacant Acreage
Commercial	128,342 s.f.	31.14 ac	128,342 s.f.	18.22 ac
Office/Institutional	128,507 s.f.	43.44 ac	128,507 s.f.	43.44 ac
Residential	150 units*	0	150 units*	12.92 ac

*These 150 units are nursing home units and may be more appropriately classified as O&I. These units would not likely provide the benefit to the activity center in terms of commercial and job support that other types of residential uses provide.

As the table shows the Wellington Park Activity Center is under-developed in all categories from what is normally desired in a community center although there is currently a good balance between commercial and O&I uses. The most serous shortfall is in the residential category.

Staff is supportive of the requested amendment for the following reasons:

• With the exception of 150 nursing home units, this activity center currently has neither existing residential development nor any vacant acreage planned for residential development. Based on the ratio of one unit per 1000 square feet of non-residential floorspace, 257 units are needed now for the existing development. The requested amendment would place 12.92 acres into the medium density residential (MDR) classification thus providing the potential to address some of this shortfall.

• Even if the requested amendment is granted there is still sufficient vacant land within this activity for further office and commercial development. Much of this vacant land is located adjacent to the Cary Parkway/US1/US64 intersection which is more appropriate for non-residential development.

• The medium density residential use as requested would provide a transition between the commercial development to the north and the single-family development in Lochmere to the south.

Applicant’s Justification Statement Submitted (March 27, 2006)

(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):

This request is to amend the Wellington Park CAC to allow single-family attached (town homes) at the southeast corner of the intersection of Tryon Road and Southeast Cary Parkway. The property is currently zoned General Commercial-Conditional Use. Attached residential units are designated and an integral element of the WPCAC. A medium density residential use would compliment the commercial retail at the opposite corner (Wellington Shopping Center) and provide a transition to the single-family homes to the east.

The proposed amendment to the Future Land Use Plan would change the existing Commercial designation to Medium Density Residential. MDR would offer a transition from the intersection to the existing single-family residential to the east. Environmental constraints (a 100’ stream buffer), provides a natural buffer against Tryon Road and limits the usability of this site for its existing land use, Commercial.

5. Planning and Zoning Board Recommendation (July 17, 2006)

The Planning and Zoning Board unanimously recommended approval of the request to amend the Town of Cary Comprehensive Plan for reasons consistent with the staff’s evaluation. (Vote 9-0)

Changes since the Planning and Zoning Board Meeting: None

6. Reference Information

Meeting Schedule:

Town Council Public Hearing

Date: May 11, 2006

Recommendation: Staff recommends forwarding to the July 17, 2006 Planning and Zoning Board meeting.

Action: Town Council forwarded to the July 17 P&Z Board meeting.

Planning & Zoning Board

Date: July 17, 2006

Recommendation: Staff recommends approval of this request.

Action: The Planning and Zoning Board forwarded the request to Town Council for approval.

Town Council Action

Date: August 10, 2006

Action: Denied

7. Town Council Motion Options

MOTION TO ADOPT COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE TOWN OF CARY TO CHANGE THE DESIGNATION OF APPROXIMATELY 12.92 ACRES LOCATED at the SOUTHEAST QUADRANT OF TRYON ROAD AT CARY PARKWAY FROM COMMERCIAL (COM) to Medium Density Residential (MDR).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1: The Comprehensive Plan of the Town of Cary is hereby amended by changing the future land use designation for properties identified below from Commercial (COM) to Medium Density Residential (MDR):

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s)	Real Estate ID(s)	Area Acres)
William Franklin 1312 Batchelor Road Apex, NC 27523	0772059432	0241803	12.92
Total Acreage			12.92

Section 2.This ordinance shall be effective on the date of adoption.

[Vote]

MOTION TO DENY COMPREHENSIVE PLAN AMENDMENT

This proposed amendment (06-CPA-05 Wellington Park Comprehensive Plan Amendment) to change the future land use designation for this property from Commercial (COM) to Medium Density Residential (MDR) evaluated by staff and the Planning & Zoning Board, cannot be supported because ________________ , and is hereby denied.

[Vote]