Town of Cary , North Carolina

Comprehensive Plan Amendment Data Sheet

08-CPA-05, Fumagalli Subdivision

 

Request

 

The applicant is requesting Council approve an amendment to Map 1, Future Land Use, of the Town's Northwest Area Plan, to change the land use designation of approximately 12.85 acres, located at the southwest corner of Green Level to Durham Road and Courtland View Lane, 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. Northwest Area Plan:  This request is for an amendment to the Northwest Cary Area Plan, an element of the Town’s Comprehensive Plan.  The current land use designation for this site is Low Density Residential (LDR); the Northwest Area Plan defines Low Density Residential as single-family detached residential dwellings with density ranges from one to three dwelling units per acre and lot sizes typically ranging from approximately 10,000 square feet to one acre.  The applicant is requesting the land use designation be changed to Medium Density Residential (MDR).  The Northwest Area Plan defines Medium Density Residential (MDR) as housing densities between three and eight dwellings per acre and can include a mixture of dwelling types including single-family detached and semi-detached units, single-family attached units, patio homes, duplexes and triplexes, and townhouses. Multi-family housing is possible when using clustered/conservation development design, although the overall density should not exceed eight dwellings per acre.

 

B.  Comprehensive Transportation Plan:  

The Town’s Transportation Plan identifies one thoroughfare, Green Level to Durham Road:
Existing Section:  Variable width undivided major thoroughfare, Variable R/W

Future Section:  4-lane divided major thoroughfare, 100’ R/W

Road Improvements:  None scheduled by the Town

Sidewalks Requirements: Sidewalks required on both sides

Bicycle Requirements: 14’ wide outside lanes

Transit Requirements:  TBD

Traffic Analysis:  N/A

 

C.  Parks & Greenways Facilities Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site.  A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance. 

 

D.  Open Space and Historic Resources Plan: 

According to the Open Space and Historic Resources Plan (OSHRP), there are no significant natural or historic resources on the site.

 

E.  Affordable Housing Plan: 
The Affordable Housing Plan includes the following goals that may be applicable 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.

3.       Strive for innovation and partnerships in the creation of model ordinances, policies and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.

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

5.       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.

6.       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 Guiding Principles which are relevant to this case: 

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

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

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

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

 

Comparison of Existing and Requested Land Use Plan Designations

 

 

 

Applicant’s Justification Statement Submitted July 18, 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.

Response:  Issues include the overall direction that the area is moving.  The neighborhood has been mostly developed as medium density single family lots, condominiums, or townhouses.  Leaving these tracts of land as low density residential directly across the from the proposed Mills Park school would seem out of place and interrupt the flow of the neighborhood.

 

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. 

Response:  The subdivisions to the south and west of this site were planned for low density residential (1-3 units per acre).  However, they have been zoned and developed as R-8P and R-12P which are roughly 5.5 units per acre and 3.6 units per acre respectively.  The property to the north of the site was planned as medium density residential (3-8 units per acre).  A condominium development was placed on that site.  Mill Park Elementary and Middle school is planned directly across from this site along Green level to Durham Road.  As the neighboring tracts of land have been developed as medium density residential, it seems reasonable to amend the Comprehensive Plan to include these tracts as medium density as well.

 

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.

Response:  The entire area has been developed with the Town of Cary’s approval as a diverse, sustainable community.  The adjacent properties have been developed through Planned Development standards and are medium density residential.  This rezoning will blend the existing community as it has been developed.

 

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

Response:  These tracts were not addressed in the previous comprehensive plan.  The land surrounding this site was rezoned medium density residential and has become ¼ acre single family lots, condominiums, and townhouse subdivisions.  The existing lots have not been annexed by the Town of Cary and now sites in the middle of a medium density neighborhood.

 

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