Town of Cary , North Carolina

Staff Report to Town Council

07-CPA-07 Davis Drive

Request

The applicant is requesting Council approve an amendment to the Land Use Plan Map of the Town’s Comprehensive Plan to change the land use designation of approximately 6.49 acres located at 3399 Davis Drive from Office/Institutional (OFC/INS) to Medium Density Residential (MDR).

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

Applicant	Jerry Turner and Associates, Inc.
Agent	Glenda Toppe Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh, NC 27606 919-851-7150 gtoppe@jerryturnerassoc.com
Acreage	+/- 6.49
General Location	3399 Davis Drive (Southwest corner of Davis Drive and Morrisville Parkway)
Hearings / Meetings	Public Hearing July 26, 2007	Planning & Zoning September 17, 2007	Town Council October 11, 2007
Existing Land Use Plan Designation	Office/Institutional (OFC/INS)
Requested Land Use Plan Designation	Medium Density Residential (MDR)
P&Z Recommendation	Approval (7-0)
Town of Cary Case Manager	Anna Readling 919-469-4084 anna.readling@townofcary.org

Subject Parcels

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Numbers (10 digit)	Real Estate ID(s)	Area Acres
DDMP Investments LLC c/o Tillet Development Co. Inc. P.O. Box 97091 Raleigh, NC 27624-7091	0745415075	0059659	+/- 6.49
Total Acres			+/- 6.49

Applicable Comprehensive or Area Plan Requirements:

A. Land Use Plan: This case proposes to modify the existing Land Use Plan designation from Office/Institutional to Medium Density Residential.

B. Comprehensive Transportation Plan

Davis Dr.:

Existing Section: 110’ ROW, 4-lane median divided

Future Section: 4-lane median divided

Road Improvements: N/A

Sidewalks Requirements: sidewalk on east side, multi-use path on west side

Bicycle Requirements: 14’ wide outside lanes

Morrisville Parkway:

Existing Section: N/A

Future Section: 100’ ROW, 4-lane median divided

Road Improvements: construction scheduled Fall 2007

Sidewalks Requirements: sidewalks on both sides

Bicycle Requirements: 14’ wide outside lanes

C. Parks & Greenways Facilities Master Plan: In accordance with the Parks, Recreation and Cultural Resources Facilities Master Plan there are no further issues related to this site (the Davis Drive multi-use trail on the east side of Davis Drive has already been constructed). A recreation payment-in-lieu will be required for any subdivided residential development in accordance with the Land Development Ordinance.

D. Open Space and Historic Resources Plan: This parcel was not identified as proposed/significant open space by the Open Space and Historic Resources Plan.

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.

Analysis: In general, medium density residential units provide more opportunities for affordable housing. At this stage, the applicant has not indicated whether or not this project will include affordable housing opportunities.

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

1. Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

Analysis: Utilities are readily available, and the section of Morrisville Parkway that borders the north side of the subject parcel is a Town capital project currently under design.

2. Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis: The subject parcel is located near a variety of urban services and is located within 2 – 2.5 miles of Research Triangle Park.

Town Council Public Hearing – July 26, 2007

No one came forward to speak at the July 26, 2007 Town Council public hearing.

Town Council Questions and Comments

There were no questions or comments from Town Council.

Planning and Zoning Board Public Hearing – September 17, 2007

No one came forward to speak at the public hearing. The Board voted 7-0 to recommend approval.

Changes Since The Town Council Public Hearing

No changes have been made to this case since the July 26, 2007 Town Council public hearing.

planning & zoning board 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: There have been no changes in this regard.

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

Staff Analysis: A designation of MDR would offer a residential transition from the intersection of Davis Dr. and the future Morrisville Parkway to the low-density residential uses located west and south of the subject parcel.

• 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.

Staff Analysis And Recommendation

The 6.49-acre subject parcel does not fall within a designated activity center and is not located adjacent to other commercial or office uses. In 1998, a comprehensive plan amendment changed the designation of this parcel from Low Density Residential (LDR) to Office/Institutional (OFC/INS). The current request is for Medium Density Residential (MDR). Considering the small size of the parcel, its location outside of a designated activity center, the lack of any other adjacent or nearby office uses, and the fact that the original Comprehensive Plan envisioned residential uses for this parcel, the requested designation of MDR seems appropriate. Also, MDR can be just as effective as OFC/INS in providing a transition between the Davis Drive/Morrisville Parkway intersection and Preston Village. Staff recommends approval of this request.

Town Council Motion Options:

Approval Motion:

I move that we amend the Land Use Plan Map as proposed.

Approval Motion with Modifications:

I move that we amend the Land Use Plan Map with the following modifications suggested by Council: ___________________

Denial Motion:

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