Town of Cary , North Carolina

Comprehensive Plan Amendment Data Sheet

08-CPA-03 White Oak Church

Request

 

Applicant’s amendment request:  This is a request from White Oak Baptist Church to amend the text of Section 2.2, Land Use Category Definitions, in Chapter 2 of the Southwest Area Plan.  Specifically, the applicant requests that the paragraph that provides the description for the land use category “Conservation Residential, Very Low Density” be changed as follows.  The paragraph is currently:

 

“Conservation Residential, Very Low Density (VLCR):   This category, new for the Southwest Area Plan, pertains to very low density residential development proposed for areas west and south of the LCR regions and east of the American Tobacco Trail.  Single-family detached residential dwellings shall have lot sizes of at least two acres.  If the area is developed using conservation subdivision design principles, density may increase up to a maximum of 1 unit per acre, with lot sizes ranging from 20,000 square feet.” 

The requested amendment is to add the following sentence to the end of the above paragraph:

“Uses that are compatible and complimentary to the surrounding neighborhood and these very low residential densities may be considered such as life care communities, nursing homes, religious institutions, schools, libraries and daycare facilities.” 

 

Associated amendment added by the Town:  Should the text amendment requested by the applicant be adopted, staff recommends that the same text also be adopted for the Low Density Conservation Residential (LCR) land use category, in order to maintain consistency between VLCR and LCR.  (If the requested modification is deemed appropriate for the VLCR category, then logically it should also be appropriate in the denser LCR category.)  Accordingly, staff has added the following additional amendment request to this case:

 

Amend the definition given for the land use category “Conservation Residential, Low Density (LCR)” in Section 2.2, Chapter 2, of the Southwest Area Plan, by adding the following sentence to the definition:  “Uses that are compatible and complimentary to the surrounding neighborhood and these very low residential densities may be considered such as life care communities, nursing homes, religious institutions, schools, libraries and daycare facilities.” 

 

Inclusion of this additional amendment will enable staff, the Planning and Zoning Board, and Town Council to consider and treat both land use categories in a uniform 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

 

 

Subject Parcels

There are 508 parcels currently located within the areas designated as VLCR and LCR on Map 1, Future Land Use, of the Southwest Area Plan.  A complete list of these parcels, including Wake County Property Identification Numbers (PINs) may be obtained from the Planning Department. 

 

 

Applicable Comprehensive or Area Plan Requirements:

 

A. Land Use Plan: 

The governing element of Cary’s Comprehensive Plan is the Southwest Area Plan, originally adopted in August 2004.  The Southwest Area Plan identifies the subject parcels as a mix of Conservation Residential, Very Low Density (VLCR) and Conservation Residential, Low Density (LCR).  The boundaries of these two land use categories are depicted on Map 1, Future Land Use, of that plan.  Chapter 2 of the plan defines the two land use categories as follows:

·         Conservation Residential, Very Low Density (VLCR):   This category, new for the Southwest Area Plan, pertains to very low density residential development proposed for areas west and south of the LCR regions and east of the American Tobacco Trail.  Single-family detached residential dwellings shall have lot sizes of at least two acres.  If the area is developed using conservation subdivision design principles, density may increase up to a maximum of one unit per acre, with lot sizes ranging from 20,000 square feet. 

·         Conservation Residential, Low Density (LCR):   This category, new for the Southwest Area Plan,  pertains to low-density residential development proposed for areas west of the future I-540 interchange.  Single-family detached residential dwellings shall have lot sizes of at least one acre.  If the area is developed using conservation subdivision design principles, density may increase up to a maximum of 2.5 units per acre, with lot sizes ranging from 10,000 square feet.  (Conservation subdivision design principles are described in Appendix B, available separately from the Planning Department.)

 

B.  Comprehensive Transportation Plan:  
Since this case concerns a large, 1,172-acre area, and not a single or small group of parcels, it is not practical to identify all possible Transportation Plan recommendations that might affect each of the parcels.  Refer instead to the Comprehensive Transportation Plan for general information and Transportation Plan maps. 

 

C.  Parks & Greenways Master Plan: 
Since this case concerns a request for a large, 1,172-acre area, and not a single or small group of parcels, it is not practical to identify all possible Parks, Recreation, and Greenway facilities planned for this area.  Refer instead to the Parks, Recreation, and Cultural Resources Master Plan for general information and related plan maps. 

 

D.  Open Space and Historic Resources Plan: 

The subject parcels include properties located within the Green Level National Register Historic District, and the area also includes many significant natural and open space resources.  However, since this case concerns a large, 1,172-acre area, and not a single or small group of parcels, it is not practical to identify all possible open space resources within this area.  Refer instead to the Open Space and Historic Resources Plan for general information and related plan maps. 

 

E.  Affordable Housing Plan: 
The Affordable Housing Plan includes the following goals and objectives, which could bear on the subject amendment request:

1.       Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, rehabilitation of existing housing, homeownership training, and marketing of assistance programs.

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

2.       Guiding Principle L2: Ensure that future growth protects sensitive natural resources and protects open space.

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

 

Applicant’s Justification Statement Submitted May 28, 2008

 

Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in the application form.   (The application questions are repeated below.)  Please note that the statements below are that of the applicant and does not necessarily represent the views or opinions of the Town of Cary:

 

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

 

1.  Describe how the requested amendment is warranted due to changes in conditions, forecasts, or assumptions since the original Comprehensive Plan recommendations were developed.

Applicant Response:  The text change is needed to allow certain nonresidential uses that are compatible and complimentary to residential uses in the VLCR land use category.  It is important for these uses to be located in all areas throughout the Town of Cary.

 

2.  Describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arisen in this geographic area since the original Comprehensive Plan recommendations were developed. 

Applicant Response:  Other land use categories in the Southwest Plan allow for certain types of complimentary and compatible nonresidential uses.  This CPA amendment would allow for this option in the VLCR category.  

 

3.  Describe how the requested amendment is warranted due to changes in Town policies, objectives, or standards since the original Comprehensive Plan recommendations were developed.

Applicant Response:  It is important to include nonresidential uses that are compatible and complimentary to residential uses in all areas of a community so that the residents can have the opportunity to use these uses without having to drive to other parts of the community.  The proposed text amendment will not jeopardize the intent of the Southwest Plan.

 

4.  Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan.

Applicant Response:  Other land use categories within the Southwest Plan make provisions for complimentary and compatible nonresidential uses.  This amendment would add this provision to the VLCR category. 

 

 

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:   None identified.

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

Staff Comment:   Over the last several years, the Town has been challenged by the scarcity of land available for schools, places of worship, and other institutional uses.  The Southwest Area may provide some opportunities to provide a certain number of such facilities, in a manner compatible with the goals of the Plan.

• 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 identified.

• Identification of errors or omissions in the Comprehensive Plan.

Staff Comment:   For the non-conservation residential land use categories, the Southwest Area Plan does note that uses such as churches, schools, libraries, and daycare facilities may be considered (i.e., within the High, Medium, and Low Density Residential categories – HDR, MDR, and LDR).  It may have been an oversight not to have included comparable text for the Conservation Residential categories.