Town of Cary , North Carolina

Staff Report to the Town Council

Case 07-CPA-04, Indian Wells and Wackena Roads

Request

This is a request from residents and property owners in the Wackena Road and Indian Wells Road neighborhood to amend Map 1, Future Land Use, of the Town’s Northwest Area Plan to change the land use designation for 46 properties within their neighborhood, totaling approximately 152 acres, from “Very Low Density Residential (VLDR)” to “Medium Density Residential (MDR).” (Note: this request concerns the VLDR portions of these properties only, and not the portions identified for potential open space corridors as identified in the NW Area Plan.)

Properties added by the Town: The applicants’ request includes all of the land currently designated as VLDR within the neighborhood, except for portions of two properties totaling an additional 13 acres. The Town has included those portions of these two properties in this application so that the entire VLDR portion of the neighborhood will be treated in a cohesive manner.

The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity for the subject parcel(s) of land. Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the comprehensive plan amendment process. However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml

 

Background Information

Applicants	Property owners representing approximately two thirds of the 46 parcels located on Indian Wells Road and Wackena Road, Cary, NC, as given in Parcel and Owner Information table, below. The Town has added the VLDR portions of a further two parcels to this application, so that the entire VLDR portion of the neighborhood will be considered in a cohesive manner.
Agents	Mitch Petway 7032 Indian Wells Road Cary, NC 27519 Phone: 919-467-3377 E-mail: mjpetway@bellsouth.net and William E. Hill 1517 Wackena Rd. Cary, NC 27519 Phone: 919-467-2136 E-mail: ehill50@bellsouth.net
Acreage	Approximately 151 acres associated with applicants, and a further 13 acres initiated by the Town
General Location	Wackena Road and Indian Wells Road
Hearings / Meetings	Council Public Hearing June 14, 2007, and continued to June 28	Planning & Zoning Board Aug. 20, 2007	Town Council Oct. 25, 2007
Existing Land Use Plan Designation	Very Low Density Residential (VLDR)
Requested Land Use Plan Designation	Medium Density Residential (MDR)
P&Z Recommendation	The Board voted 7-2 in favor of the applicants’ requested Plan Amendment, but with a modification so that the geographic area covered by Note #19 on Map 1 of the Northwest Area Plan would be extended to also cover the subject parcels.
Town Council action	Council voted 5-2 in favor of the amendment request as recommended by staff, with the addition of an extra sentence added to Note #19.
Town of Cary Case Manager	Scott Ramage Ph. (919) 462-3888 e-mail: scott.ramage@townofcary.org

Subject Parcels

As noted under “Applicants” in the table above, the applicants submitted their Comprehensive Plan Amendment (CPA) for all or portions of 46 properties in the Wackena and Indian Wells Roads neighborhood, and the Town initiated the application for portions of a further 2 properties, for a grand total of 48 properties. However, the applicants’ petition, at the time of the Town Council public hearing, included property owner signatures for 37 of the 48 properties, and not all 48, as shown in Signature Map 1. Subsequent to the Town Council public hearing, and prior to the Planning and Zoning Board public hearing, the applicants secured signatures for a further two properties, for a total of 39 of the 48 properties, as shown in Signature Map 2.

Parcel and Owner Information for Parcels Included in the Amendment Application
Property Owner(s)	County Parcel Numbers (10 digit)	Real Estate ID(s)	Area[1] (Acres)
The following 13 properties are on Indian Wells Road:
York, John W. & Rebecca P. 7125 Carpenter Fire Station Rd. Cary, NC 27519-8609	0735434413 (VLDR portion)	0084256 (VLDR portion)	2.89
Bermudez, Edilberto & Elizabeth G. 7020 Indian Wells Rd. Cary, NC 27519-2519	0735531126	0150628	2.85
Bermudez, Elizabeth G., and Gross, Elizabeth Anne (for 7008 Indian Wells Rd.) c/o 7020 Indian Wells Rd. Cary, NC 27519-2519	0735533365	0081386	2.97
Carden, Ronald K. (for 7000 Indian Wells Rd.) c/o 7204 Carpenter Fire Station Rd. Cary, NC 27519-8610	0735535359	0139342	2.46
Dishman, Jerry C. & Donna T. 6920 Indian Wells Rd. Cary, NC 27519-2517	0735630418	0145098	3.15
Durham, Faith Marie (for 7049 Indian Wells Rd.) c/o 205 Cherwell Dr. Cary, NC 27513-5590	0735420353 (VLDR portion)	0084261 (VLDR portion)	8.07
Flynt, Janet Rose Scaringelli 7041 Indian Wells Rd. Cary, NC 27519-2520	0735426432	0084260	4.92
Goodwin, Thomas G. 7017 Indian Wells Rd. Cary, NC 27519-2520	0735523632	0084064	3.12
Goodwin, Thomas G. & Diana Kay 7029 Indian Wells Rd. Cary, NC 27519-2520	0735521513	0084259	6.39
Lewis, Charles W. Jr. & Diane K. 6932 Indian Wells Rd. Cary, NC 27519-2517	0735537432	0047944	2.01
Petway, Mitchell J. & Betty M. 7032 Indian Wells Rd. Cary, NC 27519-2519	0735423994 (VLDR portion)	0084258 (VLDR portion)	7.98
Rossi, Tracey Ann, and Rossi, Kenneth Niedomanski 7016 Indian Wells Rd. Cary, NC 27519-2519	0735531531	0084257	2.42
Watts, Richard L., Jr. (for 7001 Indian Wells Rd.) c/o 204 Jones St Fuquay-Varina, NC 27526	0735525834	0041204	1.68
The following 33 properties are on Wackena Road:
Boatright, William C. 1833 Wackena Rd. Cary, NC 27519-2554	0735528909	0004602	3.24
Brouthers, Scott W. & Nancy H. 1621 Wackena Rd. Cary, NC 27519-2550	0735511802	0084267	3.34
Burns, Dann M. & Vickie W. 1707 Wackena Rd. Cary, NC 27519-2552	0735514560	0162537	1.94
Daniel, Roney J. & Leni A. 1824 Wackena Rd. Cary, NC 27519-2553	0735621846	0004615	3.15
Duke, James A. Heirs, A. J. Kepley, Executor (for 1628 Wackena Rd.) c/o 1044 Pinehurst Dr. Chapel Hill, NC 27517-5655	0735516019	0086936	2.15
Highcroft Investors LLC. P.O. Box 3557 Cary, NC 27519-3557	0734681762 (VLDR portion)	0185234 (VLDR portion)	2.48
Hill, Carol B. 1517 Wackena Rd. Cary, NC 27519-2548	0735411855	0084263	2.87
Hill, Carol B. 1517 Wackena Rd. Cary, NC 27519-2548	0735413872	0084264	2.99
Lee, Jeffrey N., and Lee, Clifton M. 3010 Devonshire Dr. Raleigh, NC 27607-6620	0735310493	0121842	8.31
Lewis, Ronald 1624 Wackena Rd. Cary, NC 27519-2549	0735514004	0227775	3.02
Lin, Vicky Ku & Jen Ching (for 1533 Wackena Rd.) c/o 3101 Fox Shadow Dr. Apex, NC 27502-8770	0735418850	0084266	4.50
Lominac, Rex C. & Judy R. (for 1808 Wackena Rd.) c/o 1411 Thompson Dr. Concord, NC 28025-8777	0735620567	0042585	0.93
Lominac, Rex C. & Judy R. (for 1804 Wackena Rd.) c/o 1411 Thompson Dr. Concord, NC 28025-8777	0735620453	0042584	0.76
Lominac, Rex C. & Judy R. (for 0 Wackena Rd.) c/o 1411 Thompson Dr. Concord, NC 28025-8777	0735620350	0042583	0.74
Lominac, Rex C. & Judy R. (for 1732 Wackena Rd.) c/o 1411 Thompson Dr. Concord, NC 28025-8777	0735620157	0042582	0.75
Mclamb, William M. 1500 Wackena Rd. Cary, NC 27519-9547	0735318386	0086293	1.92
Newkirk, Alfred J. & Jeanellen 1704 Wackena Rd. Cary, NC 27519-2551	0735511148	0227774	5.03
Ottaway, Danny L. (for 1512 Wackena Rd.) c/o 10401 Chapel Hill Rd. Morrisville, NC 27560-8710	0735412287	0084270	2.64
Rainey, Benjamin L. and Fern L. 1501 Wackena Rd. Cary, NC 27519-2548	0735317829 (VLDR portion)	0084262 (VLDR portion)	5.78
Reece, Stephen R. & Pamela H. 1721 Wackena Rd. Cary, NC 27519-2552	0735517818	0162536	2.93
Rigsbee, Esther M. & Larry E. 1525 Wackena Rd. Cary, NC 27519-2548	0735415882	0084265	3.31
Schmidt-Edwards, Peggy 1809 Wackena Rd. Cary, NC 27519-2554	0735525318	0066728	5.77
Skinner, Donald E & Bonnie K 1705 Wackena Rd. Cary, NC 27519-2552	0735513804	0041207	3.74
Sommerville, Michael W. & Adele 1404 Wackena Rd. Cary, NC 27519-2545	0735315492	0084268	4.41
Swiger, Joan P. (for 1711 Wackena Rd.) c/o 3221 Lewis Farm Rd. Raleigh, NC 27607-6762	0735517605	0049416	2.02
Wall, Warren A. & Jo Ann L. 1504 Wackena Rd. Cary, NC 27519-9547	0735400916	0086294	10.65
Wilhelm, Vaughn S. 1616 Wackena Rd. Cary, NC 27519-2549	0735415117	0084271	2.88
Wilhelm, Vaughn S. 1616 Wackena Rd. Cary, NC 27519-2549	0735417056	0084272	4.22
Williams, Frank E. & Nanette J. (for 1712 Wackena Rd.) c/o 1708 Wackena Rd. Cary, NC 27519-2551	0735610733	0004611	0.75
Williams, Frank E. & Nanette J. 1708 Wackena Rd. Cary, NC 27519-2551	0735610630	0004610	0.77
Williams, Frank E. & Nanette J. (for 1716 Wackena Rd.) c/o 1708 Wackena Rd. Cary, NC 27519-2551	0735614322 (VLDR portion)	0113387 (VLDR portion)	0.52
Williams, Frank E. & Nanette J. 1708 Wackena Rd. Cary, NC 27519-2551	0735519497	0004609	0.95
Williams, Roger 1800 Wackena Rd. Cary, NC 27519-2553	0735624026 (VLDR portion)	0113317 (VLDR portion)	1.51
Total Acres:			151.90

[1] The area figure reflects the case Vicinity Map, and is inclusive of any open space corridors recommended by the NW Area Plan, and any regulatory buffers. However, the actual amendment request only applies to the VLDR portions of the listed properties.

Parcel and Owner Information for Town-Initiated Plan Amendment Parcels (see Map)
Property Owner(s)	County Parcel Numbers (10 digit)	Real Estate ID(s)	Affected Area (Acres)
Highcroft Investors LLC. P.O. Box 3557 Cary, NC 27519-3557	0735501486 (VLDR portion)	0084273 (VLDR portion)	5.03
Crosspointe Church at Cary 6911 Carpenter Fire Station Rd. Cary, NC 27519-8130	0735549587 (VLDR portion)	0280523 (VLDR portion)	7.56
Total Acres:			12.59

Applicable Comprehensive or Area Plan Requirements:

A. Land Use Plan: The request is for an amendment to the Northwest Cary Area Plan, an element of the Town’s Comprehensive Plan. The subject parcels were originally designated as “Very Low Density Residential” (less than 1 unit per acre) in 2002, at the request of the neighborhood, and as part of the Northwest Area Plan. Prior to 2002, the area was designated for “Low Density Residential (LDR) or Traditional Neighborhood Development (TND),” at 1-3 dwellings per acre, in the Town-wide Land Use Plan.

The Northwest Area Plan also recommends the provision of a linear open space corridor along the upper branch of Panther Creek, along the northern boundary of the subject parcels. The open space corridor is recommended to be an average of about 400 ft. wide, from outer edge to outer edge of the corridor. (For more information, see Chapter 4 of the Northwest Area Plan.)

B. Comprehensive Transportation Plan
The Town’s Transportation Plan identifies three thoroughfare or collector roadways in the vicinity of the subject parcels:

1. North-South Collector. A future north-south collector is planned to traverse through the area, connecting Cameron Pond PDD to the north with the Fryar PDD to the south, and linking Carpenter Fire Station Road with Green Hope School Road.

Existing Section: N/A

Future Section: 2-3 lane collector with sidewalk on both sides and 4’ bicycle lane or wide outside lane

Road Improvements: None scheduled

2. NC Hwy 55. Indian Wells Road connects the subject parcels to NC Hwy 55 approximately 1,200 ft. east of the case boundary.

Existing Section: 4-lane median divided 100’ ROW- under construction

Future Section: 6-lane median divided 124’ ROW with sidewalk on both sides and 14’ wide outside lane for bicycles

Road Improvements: currently under construction

3. Morrisville Parkway [Extension]. The future westward extension of Morrisville Parkway is located just south of Panther Creek, which marks the southern boundary of the case.

Existing Section: N/A

Future Section: 4-lane median divided 100’ROW with sidewalk on both sides and 14’ wide outside lane for bicycles

Road Improvements: Phase III construction 2012

C. Parks & Greenways Facilities Master Plan: This plan calls for 10’ wide multi-use trails along a future north/south collector road passing through this site, along the Morrisville Parkway Extension that will pass through these properties, and along the west side of NC Highway 55. The Master Plan also calls for 10’ wide greenway trails along Panther Creek and its tributary on the south end of the properties. A park land dedication will be required for any subdivided residential development in accordance with the Land Development Ordinance. Such land dedication will be required in an area specified by the Town PRCR Department in the vicinity of and/or adjacent to the Cameron Pond park land dedication; and may be in combination with a payment-in-lieu as determined by the PRCR Department.

D. Open Space and Historic Resources Plan: There are no identified historic resources within the case boundary. The Open Space Plan and its priority open space inventory does identify portions of the case area as having some significant natural resources. These natural resource areas are primarily associated with stream buffers and adjacent areas, although some resources include mature hardwood and mixed hardwood/conifer forest.

E. Affordable Housing Plan: The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this plan include:

• Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
• Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
• Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

At the level of a comprehensive plan amendment, the particular impact of this amendment on the Town’s adopted affordable housing goals cannot be determined; however, lower density residential development is typically – though not always – less affordable than moderate and higher density residential development.

F. Growth Management Plan: The Growth Management Plan includes the following three Guiding Principles which are relevant to this case:

§ Guiding Principle L1. Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service area extensions.

Analysis: The subject parcels are located within an area where urban services are readily available, and the entire area is located within 2.5 – 3 miles of Research Triangle Park, the region’s major employment center.

· Guiding Principle A1. Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis: Council policy at the outset of development of the Northwest Area Plan was to encourage higher densities in northwest Cary, especially within about 3 miles of RTP, in order to help reduce commute distances and the average number of commute miles traveled per household in west Cary, as well as to contribute to improvements in regional air quality. (The subject neighborhood was an exception to this policy, since the Town respected the wishes of the neighborhood to remain Very Low Density Residential, despite the more suburban densities planned for adjacent areas.)

§ Guiding Principle L2. Ensure that future growth protects sensitive natural and cultural resources and preserves open space.

Analysis: As noted under the discussion of the Open Space and Historic Resources Plan, above, the subject parcels do include some significant natural areas. However, the mechanism for addressing retention of any of those natural areas should be via a future rezoning case rather than via this comprehensive plan amendment.

Other Reference Information

Comparison of Existing vs. Requested Land Use Plan Designation:

The current land use plan designation of Very Low Density Residential (VLDR) conforms to the properties’ existing R-40 zoning.

VLDR is defined as densities of up to 1 dwelling per acre, single family detached only. The requested designation of Medium Density Residential (MDR) supports densities in the range of 3-8 dwellings per acre. MDR typically includes either single family detached or attached housing, including patio homes and townhomes. MDR does not usually include multifamily housing (such as condominiums or garden apartments) as a single use type, although multifamily may sometimes be included as part of a broader housing mix that meets the overall intent of the MDR designation.

The table below provides a yield comparison for the 164-acre subject area:

Land Use Scenario	No. of Homes
Existing:	30
Maximum possible under existing VLDR designation (at 1 unit/acre):	164
Minimum possible under requested MDR designation (at 3 units/acre):	492
Maximum possible under requested MDR designation (at 8 units/acre):	1,312

Note that there is a wide range in the theoretical buildout under the applicants’ requested MDR designation, from 492 to 1,312 dwellings. The precise number is something that would be addressed at time of rezoning. All of the subject parcels are currently zoned R-40, and so a future rezoning case would be required to actually enable development densities in the MDR range. Zoning districts typically used to implement the Land Use Plan’s MDR category include the R8, TR, PDD, and RMF Districts.

TOWN COUNCIL Public Hearing Comments, June 14 and 28, 2007

One citizen who was not included among the amendment petitioners spoke. This citizen, Mr. Don Hyatt, indicated that he was a member of the Planning and Zoning Board that approved the original Northwest Area Plan in 2002. Mr. Hyatt stated that:

· He has concerns about whether this could be the first of many such established neighborhoods that might seek to develop at a higher density than recommended by the Land Use Plan.

· He has concerns about making piecemeal changes to such large areas of the Northwest Area Plan without re-examining the overall plan.

· The original plan purposely included very low density areas such as the subject neighborhood as part of an overall watershed management approach.

A number of amendment petitioners spoke in support of their amendment request, stating that:

· The overall pace of development in the area over the last five years has degraded and changed the longtime rural feel of their community. The neighborhood is no longer the same as it was in 1986 or in 2002 when the NW Area Plan was developed.

· Construction traffic has increased on Wackena and Indian Wells Roads, as construction vehicles erroneously seek shortcuts on these dead-end roads, or mistake Indian Wells Road for Carpenter Fire Station Road. Such trucks are tearing up their county roads.

· Construction traffic, coupled with a lack of sidewalks, has made them less comfortable walking in their neighborhood.

· Noise and construction from nearby developments, such as Cameron Pond PDD, have contributed to a loss of the neighborhood’s original rural feel. Wildlife has been displaced from nearby construction sites, and into their neighborhood.

Town Council Questions and Comments, June 14 and 28, 2007

Council members expressed the following comments and concerns:

· Concerns were expressed about the potential impact of making piecemeal changes to the Area Plan, while acknowledging that the neighborhood is effectively an “island” of very low density residential, some day to be surrounded by medium density residential uses.

· Questions were raised about potential watershed impacts. It was noted that the NW Area Plan included a specific mix of densities as part of an overall watershed management approach.

· Two Council members expressed concerns about school impacts that might be associated with the amendment, and asked whether the applicants might consider including a 15-20 acre reservation for a school. Provision of park sites was also mentioned.

· Several Council members were concerned that the requested designation of Medium Density Residential (3-8 dwellings/acre) might be too significant a density change for the area, and they asked whether the applicants might consider a request for Low Density Residential (1‑3 dwellings/acre) instead.

· Council members acknowledged the changing conditions in this part of Cary, and indicated the need to be sensitive to the impact of growth on long-term residents of the area.

Changes Since the TOWN COUNCIL Public Hearing

At the time of the Town Council public hearing, the case application had been signed by 37 of the 48 properties involved in the case, as shown in Signature Map 1. Subsequent to the Town Council public hearing, the applicants secured signatures for a further two properties, for a total of 39 of the 48 properties, as shown in Signature Map 2.

The applicants have not submitted any other revisions to their original application. However, the applicants’ representative has expressed support for staff’s recommended modifications to the amendment.

Planning and Zoning Board PUBLIC HEARING COMMENTS, aUGUST 20, 2007

Three of the petitioning applicants spoke at this public hearing. The applicants’ representative expressed support for staff’s recommended amendments to their application. One applicant felt that the plan amendment was justified due to the degree to which the area has changed since he moved to Wackena Road over 50 years ago, and that he’d now like to sell for enough money to move to a “retirement place.”

Staff Analysis and Recommendation

Analyses are provided below for each of the topics of concern raised at the public hearing:

1. Precedent for Density Changes for Other Established Neighborhoods

Within the Wake County portion of the NW Area Plan, there are only two other older, established, large-lot neighborhoods:

• Ridgefield Farms subdivision, on Ridgefield Drive, is located on the east side of Green Level to Durham Road, opposite from Weycroft PDD. The subdivision has 12 lots covering a total of 90 acres. The NW Area Plan already anticipates that this subdivision could convert to Medium Density Residential uses.
• The Twyla Road neighborhood straddles Cary’s Northwest and Southwest Planning Areas, and consists of about 19 homes and 20 lots, covering a total of about 63 acres. The preferred alignment for the westward extension of Morrisville Parkway will eventually bisect this neighborhood, and the neighborhood lies immediately adjacent to the future Western Wake Expressway. Accordingly, in 2005 the Twyla Road neighborhood requested that the Town prepare a Plan revision for redevelopment of the neighborhood. This project is currently on the Planning Department’s future-year work program.

Thus, the issue of precedent doesn’t apply for the Wake County portion of the NW Area Plan.

For the Chatham County portion of the NW Area Plan, there are three existing large-lot subdivisions, but all are fairly recent, and are not likely to redevelop.

• Rosemont, on O’Kelly Chapel Road, is the newest subdivision and is currently under construction. It includes about 83 lots covering over 460 acres.
• Chatham Glen, on O’Kelly Chapel Road, includes 12 lots covering 79 acres.
• Markham Plantation, on New Hope Church Road, includes 15 lots covering 115 acres.

2. Piecemeal Plan Changes

Some of the public hearing concerns about whether this case constitutes a sort of inadvisable “piecemeal” amendment were framed in the context of the impact that this amendment might have on the “density averaging” approach to watershed management that was envisioned in the original 2002 Plan. However, as described in 3., below, the “density averaging” approach proved unfeasible, and hence is no longer of concern.

There have been 17 plan amendments to the NW Area Plan 2002 since its adoption in 2002. Of those amendments, only seven concerned changes in residential densities, and of those about six cases resulted in density decreases, and one case resulted in a minor density increase.

3. Watershed Impacts

The original Northwest Area Plan (2002) purposefully included a mix of development densities, as well as a substantial amount of parks and open space. During development of the Plan, CH2M Hill was engaged to develop a watershed impact model to estimate the nutrient runoff impacts that might be expected at buildout under different planning scenarios.

The model revealed that due to the mix of densities and open space included in the Plan, it was theoretically possible that individual high-intensity sites within the NW Area could be allowed to meet lower stormwater nutrient runoff levels than prescribed by Town Ordinance, while still meeting the Ordinance’s stormwater nutrient runoff target for the entire Plan Area, taken as a whole. The model demonstrated that the generous amounts of open space, parkland, and low density areas within the Plan Area would offset the impact of providing relaxed nutrient export targets for the more intensely developed sites. It was hoped that a relaxation in the nutrient performance standards for high-density sites would effectively compensate landowners and developers for providing the additional open space and park land recommended by the Plan.

However, in order for this “density averaging” scheme to work, it was necessary for the state’s Division of Water Quality (DWQ) to approve an overall Watershed Management Plan for Cary’s portion of the Jordan Lake watershed. Accordingly, following Plan adoption, the Town engaged CH2M Hill to update and extend the watershed model to cover this entire area, and to prepare a Watershed Management Plan to submit to DWQ. Town staff and CH2M Hill worked on this effort with DWQ from 2003-2005.

However, in the end DWQ was unwilling to adopt a Watershed Management Plan for Cary’s portion of the watershed. This was due, in part, to the state’s concurrent effort to develop nutrient-loading rules for the entire Jordan Lake Watershed. DWQ was reluctant to approve a local Watershed Management Plan for Cary until they had determined the target nutrient loading levels for Jordan Lake. Since the state’s projected deadline for setting their nutrient targets was repeatedly pushed back beyond 2005 (and in fact the new rules are still not adopted), Town staff finally terminated the Management Plan effort in 2005.

Thus, since adoption of the NW Area Plan in 2002, every approved development plan continues to be required to provide on-site mitigation to meet the stormwater nutrient export rules established by Town Ordinance.

In summary, the original watershed management rationale for the mix of densities recommended by the NW Area Plan in 2002 is no longer valid.

4. Schools

School needs are identified on Map 2 – Multi-use Paths, Parks, and Schools of the 2002 NW Area Plan. The Wake County Public School System (WCPSS) and the Town of Cary have successfully acquired the full number of middle and high school sites recommended by the Plan through 2020, and the number of elementary school sites needed through 2008. According to the Plan, there may be need for another elementary school by 2020.

It is not common practice for a plan amendment such as this to provide details about school site reservation, or for a CPA staff report to evaluate school capacity impacts. Such details are more appropriately handled with a rezoning case, for two reasons: First, it’s impossible to predict whether and when the neighborhood might submit a rezoning case that conforms to the amendment. Thus, it is unfeasible at to evaluate school capacity impacts in concert with WCPSS. Second, the density range that might someday occur under the requested Medium Density Residential designation is quite broad – anywhere from 3 to 8 dwellings per acre, yielding anywhere from about 492 to 1,312 homes. This also makes it difficult to project future student population with any degree of certainty. In contrast, with a rezoning case it is possible to develop better estimates about amount and timing of development, and of their corresponding impacts.

5. Parks

A public park site is already recommended in the general area, as shown on Map 2 – Multi-use Paths, Parks, and Schools of the NW Area Plan. A sizable portion of this recommended park was acquired with the Cameron Pond PDD rezoning, however additional land may still be needed. It is not common practice for plan amendment such as this to provide additional details about parkland dedication. Parks, Recreation, and Cultural Resources staff prefer that details about specific park sites be addressed if and when a future rezoning case is submitted.

6. Reasonableness of the Density Transition

The entire area immediately east of the subject neighborhood and west of NC Highway 55 is recommended for Medium Density Residential uses by the Land Use Plan, as are the areas north and southeast of the neighborhood. The portion of Cameron Pond PDD located immediately northwest of the neighborhood on the opposite side of Panther Creek is Low Density Residential, as is a portion of Fryar PDD located southwest of the neighborhood, on the opposite side of Panther Creek. The Twyla Road neighborhood, adjacent to the extreme southwest corner of the subject neighborhood, is recommended for Very Low Density Residential uses.

Thus, a wide range of residential densities – from Very Low Density to Medium Density Residential could be appropriate for the subject parcels, especially since the neighborhood as a whole is well-buffered from all adjacent developments by two stream corridors – the northern and southern branches of Panther Creek.

The request for Medium Density Residential conforms to the Land Use Plan’s general policy of seeking gradual density transitions.

Also the entire neighborhood lies within about 2 miles from RTP (about 2½ - 3 miles by car), and the neighborhood will be served by direct greenway and off-road bicycle connections to RTP. Thus, the amendment request also conforms with the Northwest Area Plan’s and Growth Management Plan’s goals and objectives of placing moderate- and higher-density uses closer to the major employment centers of RTP. This will help to reduce commute vehicle miles driven, reduce air quality impacts, and support transit services and alternative modes of transportation.

7. Staff Recommendation.

Based on the above analyses, staff feels that the requested Plan amendment is reasonable. However, staff is concerned about the nature of the housing mix that could someday occur in this neighborhood. The Comprehensive Plan recommends that neighborhoods include a mix of housing types, not only to serve Cary’s diverse housing needs, but also to avoid large expanses of identical housing types, as might happen if the entire 164‑acre neighborhood were to develop exclusively as townhomes (for example).

For six distinct locations within the plan area, the NW Area Plan directly addresses the vision for a diversity of housing types: See Notes #5, 11, 16, 17, 18, 19 on Map 1 – Future Land Uses. In particular, Note #19 addresses an area of over 200 acres designated as Medium Density Residential (MDR) along Carpenter Fire Station Road, immediately north of the Wackena and Indian Wells neighborhood. Note #19 specifies that:

“This MDR area should have a mix of single-family detached and attached housing, a variety of lot sizes, and an overall density of about 3-8 dwellings/acre.”

Staff supports the applicants’ request to amend the land use designation for their neighborhood to Medium Density Residential, but with the following two modifications, both of which were verbally supported by the applicants’ representative at the August 20 Planning Board meeting:

a) Amend Map 1 of the Northwest Area Plan so that the geographic area covered by Note #19 be extended to cover the subject parcels of the Indian Wells and Wackena Road neighborhood as well.

b) Amend the text of Note #19 on Map 1 of the Northwest Area Plan as follows, in order to (1) provide greater clarity, and (2) to use the new residential categories defined in the Land Development Ordinance (LDO) since July 2003, rather than the categories used in the old Unified Development Ordinance (UDO) prior to 2003.

Note #19: "Housing within tThis MDR area, taken as a whole, should have a substantial mix of at least two or more of the following residential use types: detached, duplex, or patio dwelling, semi-detached/attached dwelling, and/or townhouse. single-family detached and attached housing, There should also be a variety of lot sizes, and an overall density of about 3-8 dwellings/acre."

Planning and Zoning Board Actions and Analysis

The Board voted 7-2 in favor of the applicants’ requested Plan Amendment, but with the first modification recommended by staff, namely that Map 1 of the Northwest Area Plan would also be amended to extend the geographic area covered by Note #19, so that the Note will also cover the subject parcels of the Indian Wells and Wackena Road neighborhood. The Board did not recommend in favor of staff’s recommended changes to the text of Note #19.

The Board’s discussion included the following considerations: One Board member felt the Town should continue to abide by the original 2002 plan. While one Board member felt that the requested change was reasonable, several Board members felt that the requested change from VLDR (Very Low Density Residential) to MDR (Medium Density Residential) was too great a change, and preferred that the applicants instead consider a change to LDR (Low Density Residential). Two Board members preferred that the subject area not include either townhomes or duplexes, which led to the motion to leave the text of Note #19 unchanged.

(Staff comment: The current 2002 text for Note #19 calls for a mix of “single family detached and attached housing.” Under the definitions used at that time, both townhomes and duplexes were considered types of “single family attached housing.”)

Changes AND AcTIVITY Since the Planning and Zoning Board Meeting

There have been no changes to the applicants’ request. However, on October 3, 2007, staff was contacted by Mr. Ben Rainey, the owner of the parcel at 1501 Wackena Road. Mr. Rainey is one of the nine property owners in the neighborhood who did not sign the application request. Mr. Rainey expressed a preference that the neighborhood be left with its current VLDR designation, and was concerned that the case would result in a rezoning of his property. After he understood that this was not a rezoning case, Mr. Rainey stated that he would abide by the decision of the Town Council.

Town Council Criteria for Consideration in Reviewing Comprehensive Plan Amendments:

Section 3.2.2(B) of the Land Development Ordinance states that “Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:”

· A change in projections or assumptions from those on which the Comprehensive Plan is based;

Staff Analysis: The only change of note is that the wishes of this neighborhood have changed since 2002. During development of the NW Area Plan in 2002, the Indian Wells and Wackena Road neighborhood expressed a very strong desire that their neighborhood be left as is, and be designated as Very Low Density Residential. This desire was respected and reflected in the adopted Area Plan. However, that assumption is evidently no longer valid, since through this application the neighborhood is now expressing a different vision.

· Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;

Staff Analysis: The change in the wishes of the neighborhood is the only new issue.

· A change in the policies, objectives, principles, or standards governing the physical development of the Town or any other geographic areas addressed by the Comprehensive Plan; or

Staff Analysis: There have been no changes in this regard.

· Identification of errors or omissions in the Comprehensive Plan.

Staff Analysis: No errors or omissions have been identified.

Town Council Motion Options:

Approval Motion for Applicant Request:

I move that we amend the Northwest Area Plan as proposed by the applicant.

Approval Motion with Staff’s Modifications:

I move that we amend the Northwest Area Plan as proposed by the applicant, but with staff’s proposed modification to the geographic extent of Note #19 on Map 1 of the Northwest Area Plan, and with staff’s recommended text changes to Note #19.

Approval Motion with Planning Board’s Modifications:

I move that we amend the Northwest Area Plan as proposed by the applicant, but with staff’s proposed modification to the geographic extent of Note #19 on Map 1 of the Northwest Area Plan, and not including staff’s recommended text changes to Note #19.

Denial Motion:

I move that we deny the proposed amendment because it is not necessary in order to address conditions.

Town Council Action:

At their regular meeting on October 25, 2007, Town Council moved to approve the amendment request by a 5-2 vote, with staff’s recommended modifications, and with the addition of a final sentence added to the text of Note #19: “In the event of single family detached housing no mix shall be required.” Thus, the final approved text for Note #19 will read:

Note #19: "Housing within this area, taken as a whole, should have a substantial mix of at least two or more of the following residential use types: detached, duplex, or patio dwelling, semi-detached/attached dwelling, and/or townhouse. There should also be a variety of lot sizes, and an overall density of about 3-8 dwellings/acre. In the event of single family detached housing no mix shall be required."