Town of Cary , North Carolina

Staff Report to Town Council

07-CPA-09 Davis Drive Towns

Request

The applicant is requesting an amendment to the Land Use Plan Map of the Comprehensive Plan for the Town of Cary to change the land use designation of approximately 16.13 acres located at 6020 Leonard Christian Road from Low Density Residential (LDR) 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

Subject Parcels

Applicable Comprehensive or Area Plan Requirements:

A. Land Use Plan:
This case proposes to modify the existing land use designation from Low Density Residential (LDR) to Medium Density Residential (MDR). A Land Use Plan Amendment was requested in 2000 to change the land use designation from Low Density Residential (LDR) to Office/Institutional (OFC/INS), but Council denied this request on January 25, 2001.

B. Comprehensive Transportation Plan

The Town’s Transportation Plan identifies two thoroughfare or collector roadways in the vicinity of the subject parcels:

Davis Drive:

Existing Section: 4 lanes median divided, 100’ ROW

Future Section: 4 lanes median divided, 100’ ROW

Road Improvements: complete

Sidewalks Requirements: required on both sides

Bicycle Requirements: 14’ wide outside lane

Leonard Christian:

Existing Section: 2 lanes, approx. 60’ ROW

Future Section: 3 lanes, approx. 67’ ROW

Road Improvements: N/A

Sidewalks Requirements: required on both sides

Bicycle Requirements: 14’ wide lanes

C. Parks & Greenways Facilities Master Plan: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, there is an existing multi-use trail along the western side of Davis Drive. A payment in lieu of park land dedication may be required for residential development, in accordance with the Town’s Land Development Ordinance.

D. Open Space and Historic Resources Plan: Based on the Open Space and Historic Resources Plan (OSHRP), this site was not designated as priority open space proposed for conservation or as a historic resources site. However, the Plan’s open space resources inventory did identify lower-priority bottomland forest/hardwood swamp on this site in approximately the same location as the stream buffers on the western portion of the site. According to the Wake County Historic Inventory, there are no identified historic resources within the boundary of the subject site, though the Wake County Real Estate Database indicates a 1,600 square foot home dating from 1925 on this property. However the applicant confirmed that there is no house on the subject parcel.

E. Affordable Housing Plan: The Affordable Housing Plan includes the following four goals which are relevant to this case:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. 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 80% of area median income by setting aside 10% of the proposed housing units.
3. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

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

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

Analysis: Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity.

2. L1 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 within an area where urban services are readily available, is located nearly adjacent to the Cornerstone Mixed Use Center, and is located less than a quarter mile from Davis Drive Elementary and Middle Schools.

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

Analysis: The subject parcel is located nearly adjacent to the Cornerstone Mixed Use Center.

Comparison of Existing and Requested Land Use Plan Designations

Town Council Public Hearing ON November 8, 2007

A. Public Hearing Comments

No citizens came forward to speak at the Town Council Public Hearing on November 8, 2007.

B. Town Council Questions and Comments

Mr. Roseland asked about the Comprehensive Plan land use and zoning conflict that exists today. The table below includes a timeline of events between 1996 and 2007 that explain the changes to the land use and zoning for the site at 6020 Leonard Christian Road.

	1996 – 2007 Timeline
	Nov. 1996	Jan. 25, 2001	Oct. 2007	Nov. 8, 2007
Event	Adoption of Comprehensive Plan	00-REZ-22 (Approved) 00-LPA-03 (Denied)	Sufficiency check for 07-CPA-09 and 07-REZ-24 application	07-CPA-09 and 07-REZ-24 Town Council public hearings
Land Use Plan’s property designation	Low Density Residential (LDR)	Error – Changed to Office/ Institutional (OFC/INS)	Corrected back to Low Density Residential (LDR)	Medium Density Residential (MDR) requested
Zoning	Planned Employment Center (PEC)	Office and Institutional Conditional Use (O&I-CU)	Office and Institutional Conditional Use (O&I-CU)	Residential Multi-Family Conditional Use (RMF-CU) requested

C. Changes Since the Town Council Public Hearing

There were no changes to this case between the Town Council Public Hearing on November 8, 2007 and the Planning and Zoning Board Public Hearing on January 28, 2008.

Planning and Zoning Board Meeting ON January 28, 2008

A. Public Hearing Comments

No citizens came forward to speak at the Planning and Zoning Board Public Hearing on January 28, 2008.

B. Planning and Zoning Board Actions and Analysis

The Board made a unanimous recommendation to approve this request.

The Board asked whether affordable housing on this site is a requirement, citing the Affordable Housing Plan section of this report. Staff responded that the Affordable Housing Plan is an adopted volume of the Comprehensive Plan, and that a brief analysis of the applicable sections of that Plan were therefore added to case staff reports last year, so that all volumes of the Comprehensive Plan are covered in such staff reports. The Affordable Housing Plan expresses the Town’s official affordable housing goals, however at the level of a comprehensive plan amendment no requirements are or can be imposed. The Board also voiced concern about the public’s understanding of the error in the Land Use Plan Map that was discovered and corrected in October 2007 (see table above).

C. Changes Since the Planning and Zoning Board Meeting

There have been no changes to this case since the Planning and Zoning Board Meeting on January 28, 2008.

Staff Analysis and Recommendation

The current land use designation for the subject parcel is Low Density Residential (LDR) which typically describes single family housing at 1 to 3 units per acre.

This triangular shaped parcel at 6020 Leonard Christian Road is adjacent to Low Density Residential development on the west, Davis Drive on the east, and Leonard Christian Road to the south. On the opposite side of Davis Drive, there is low density residential development. On the opposite side of Leonard Christian Road, the land use designation is Office/Institutional; the Learning Experience Child Development Center is under construction on one parcel, and a single family residence exists on the other parcel.

The applicant proposes to change the land use designation for the subject parcel from Low Density Residential (LDR) to Medium Density Residential (MDR) which typically describes single family attached or detached housing at anywhere from 3 to 8 units per acre.

A land use designation of Medium Density Residential (MDR) would allow a greater number of residents to take advantage of a 10’ wide multi use trail that creates an easy walk or bike ride north to shopping and services at the corner of Davis Drive and High House Road, or south along Davis Drive to the nearby schools. Medium Density Residential (MDR) development may also provide another housing option for employees of the nearby Davis Drive Elementary and Middle Schools.

Staff believes that the requested Medium Density Residential (MDR) would serve as an effective density transition to adjacent uses while also providing housing near services. Accordingly, staff recommends approval of this request.

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 Comment: No changes have been identified.

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

Staff Comment: The new multi-use path on Davis Drive provides a strong connection between this site and the Cornerstone Community Activity Center and the nearby schools.

• 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 Comment: None have been identified.

• Identification of errors or omissions in the Comprehensive Plan.

Staff Comment: None have been identified.

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 modifications suggested by Council as follows: _______________.

Denial Motion:

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