Town of Cary , North Carolina

Comprehensive Plan Amendment Staff Report

09-CPA-02 Cary Community Arts Center

Town Council Meeting

June 25, 2009

Request

The applicant has requested Town Council consideration of a request to amend the Land Use Plan Map of the Comprehensive Plan for approximately 3.72 acres, located at 101 Dry Avenue, 320 and 328 S. Walker Street, and 115 and 121 Walnut Street, by changing the land use designations from Institutional (INS) and High-Density Residential Garden (HDR Garden) to High Intensity Mixed Use (HMXD).

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 rezoning 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

SUMMARY OF ACTION TO DATE:

Town Council Public Hearing - February 12, 2009

• Public Comments

Brad Morrow of 404 Faculty Avenue spoke regarding site plan and design of the renovation project. He was not opposed to the Comprehensive Plan Amendment.

• Town Council Comments

Ms. Robison asked for clarification on whether the project expansion would have any implications on the existing Cary Elementary School site.

• Changes Made After the Town Council Public Hearing

The applicant made no changes to the proposal following the Town Council Public Hearing.

Planning and Zoning Board Public Hearing - March 16, 2009

• Public Hearing Comments

There were no comments made regarding this proposal.

• Planning and Zoning Board Recommendation

The Board voted 9-0 to recommend approval of the CPA request as presented at the meeting.

• Changes after the Planning and Zoning Board Meeting of March 16, 2009

The applicant made no changes to the proposal following the Planning and Zoning Board Meeting.

Consistency with the Comprehensive Plan

A. Land Use Plan:

The subject properties are located within the Town Center Area and the land use of the properties is governed by the Town Center Area Plan. The current land use designation for the property at 101 Dry Avenue (the old Cary Elementary building) is Institutional. The current land use designation for the remaining four properties is High Density Residential - Garden, which generally refers to densities of 8-25 dwellings per acre, and includes housing types such as attached housing, townhomes, and garden-style multi-family apartments and condominiums. The proposed land use designation is High Intensity Mixed Use for all five properties. The High Intensity Mixed Use category indicates that a mix of commercial, office, and high- or medium-density housing is envisioned, although it is not anticipated or expected that a mix of uses must be provided on each parcel. Full descriptions of the land use categories are provided in Chapter 2 of the Town Center Area Plan.

B. Comprehensive Transportation Plan:

Roadway

Existing Dry Ave.: approx. 45’ ROW 2-lane road with turn lanes

Future: Dry Ave.: 3 lanes

Walker Street: approx. 40’ ROW existing, future 2 lanes, undivided

Walnut Street: approx. 60’ ROW existing, future 3 lanes

Streetscape Design underway, construction to begin in the summer of 2010

Bicycle: N/A

Pedestrian: Existing sidewalk

Transit: None

C. Parks & Greenways Master Plan:

The 2003 Parks, Recreation, and Cultural Resources Facilities Master Plan and the 2006 Town Center Civic and Cultural Arts Study both recommend that old Cary Elementary, at 101 Dry Avenue, be used as a cultural arts facility. The 2003 Parks, Recreation, and Cultural Resources Master Plan recommended the area around the properties on Walnut Street and S. Walker Street be used as a future town center park, and the subsequent 2006 Town Center Civic and Cultural Arts Study further refined those recommendations to indicate that those sites be used to support a future performing arts center and associated parking facilities, incorporated into the area of the town center park. The property at 101 Dry Avenue (old Cary Elementary building) was purchased by the Town in 2003 and designated as a cultural arts center. A multi-use trail is proposed along the eastern and northeastern corner of this property, and this trail is addressed with the Parks, Recreation, and Cultural Resources Facilities Master Plan.

D. Open Space and Historic Resources Plan:

According to the Open Space and Historic Resources Plan, there are no significant natural resources located on the sites. The old Cary Elementary School building, constructed in 1939, is located at 101 Dry Avenue and anchors the Cary National Register Historic District.

E. Affordable Housing Plan:

The Affordable Housing Plan includes the following goals that are relevant to this case:

1. 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 used developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

2. Assure a quality of 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 Principle relevant to this case:

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

Staff Comment: The proposed area is well-served by available and planned infrastructure and services.

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

Staff Comment: These parcels are located within the downtown core of the Town of Cary, which the Town Center Area Plan designates as a future employment center. The area is well served by existing infrastructure and will also benefit from the Downtown Cary Streetscape Project which will upgrade utilities and install new streetscapes, including sidewalks, street trees, street furniture and pedestrian-scaled lighting.

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

Staff Comment: These parcels are located within the downtown core of the Town of Cary, which the Town Center Area Plan designates as a preferred area for future growth, including infill and redevelopment as appropriate.

G. Traffic Analysis:

The traffic study (09-TAR-304A) was conducted by Martin/Alexiou/Bryson in association with the associated rezoning application. The Old Cary Elementary School, though a historic building, is not currently protected from future demolition. The impact of the trips projected to be generated by the Cary Community Arts Center (CCAC) were analyzed in a previous TAR; however, it is possible that the subject parcels could be redeveloped into a land use that generates a greater number of vehicle trips, such as fast-food restaurants, banks, or convenience stores. The TIA associated with this request examined the potential impacts of these potential land uses to ensure that the most intense scenario had been addressed.

The traffic study determined that the proposed land use amendment and rezoning would have a minimal impact on the surrounding roadway network; therefore, no off-site improvements would be required with the land use amendment or rezoning. However, there are concerns with the on-site circulation and interconnectivity of these parcels that should be addressed during review of the site plan.

Staff Analysis

A. Planning History for the Site:

No previous Comprehensive Plan Amendments have been requested for this site.

B. Land Use Plan and Zoning Analysis:

The 2001 Town Center Area Plan (TCAP) designates 101 Dry Avenue as the future site of a “Town Cultural Arts Center,” the project now known as the Cary Community Arts Center. The TCAP also recommends this parcel for “Institutional” uses. One of the core strategies of the TCAP is to designate the core of downtown, south of the CSX railroad, as “High Intensity Mixed Use”. This area plan designation and its corresponding zoning sub-district allows for a mix of office, commercial, residential and civic uses that are appropriate in a downtown area, including the large theater use planned for the Cary Community Arts Center. The modification of 101 Dry Avenue to the land use designation of High Intensity Mixed Use (HMXD) would be consistent with the expected land use of the core of downtown.

The TCAP designates the block where the remaining four parcels are located on Walnut and Walker Streets for use as a park. In 2006, the Town Center Civic and Cultural Arts Study further refined those recommendations to indicate that this area should also support a future performing arts center and associated parking facilities, incorporated into the area of the town center park. In particular, the 2006 study recommended the provision of a structured parking facility in this location, to support a performing arts center, with retail or other compatible uses incorporated into the parking facility and bordering the park. These latter uses are envisioned for the area along Walnut Street, in the vicinity of the four subject parcels. The current land use designation and zoning sub-district for these parcels is High Density Residential Garden. The applicant has requested High Intensity Mixed Use for the subject parcels in order to help achieve the uses envisioned for this area, which have been further refined by the additional studies noted above.

HMXD is the only land use designation which is consistent with the realization of the current plans for the former Cary Elementary School site and the development of parking facilities in the downtown area to serve the proposed cultural arts center and park as well as downtown businesses. The HMXD land use category will be compatible with surrounding land uses, as the block directly across Walnut Street, bounded by Kildaire Farm Road, Byrum Street, and S. Walker Street is also designated on the land use map as Mixed Use. Further, the parcels directly across S. Walker Street from the site are designated as Cottage Business and Residential, a land use category that allows residential uses and small scale office and commercial uses in buildings of a residential character. This land use designation was made with the understanding that as traffic and new activity increase in the area, these parcels may become less desirable for residential use.

C. Comparison Of Existing And Requested Land Use Plan Designations:

The current land use designation for the property at 101 Dry Avenue (the old Cary Elementary building) is Institutional. The current land use designation for the remaining four properties is High Density Residential Garden, which generally refers to densities of 8-25 dwellings per acre, and includes housing types such as attached housing, townhomes, and garden-style multi-family apartments and condominiums. The proposed land use designation is High Intensity Mixed Use for all five properties. The High Intensity Mixed Use category indicates that a mix of commercial, office, and high- or medium-density housing is envisioned, although it is not anticipated or expected that a mix of uses must be provided on each parcel. Full descriptions of the land use categories are provided in Chapter 2 of the Town Center Area Plan.

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:”

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

Staff Analysis: The current land use designation for 101 Dry Avenue was assigned based on the use of the property as an elementary school. Since the adoption of the Town Center Area Plan, Wake County has built a new facility and the Town of Cary has acquired the property for use as a cultural arts center.

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

Staff Analysis: Development of plans for the Town Center park and cultural arts center have brought to light limitations related to the existing land use designations in relation to the uses envisioned and recommended by the Town Center Civic and Cultural Arts Study. This CPA request is intended to allow implementation of the recommendations contained within the various plans for the Town Center area.

3. 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.

4. Identification of errors or omissions in the Comprehensive Plan.

Staff Analysis: No errors or omissions have been identified.

STAFF Recommendation:

Based on the information and analysis presented in the staff report, staff believes that HMXD is an appropriate land use designation for the subject parcels and, therefore, recommends approval of this comprehensive plan amendment request.

Applicant’s Justification Statement Submitted January 21, 2009

With the renovation of the theater to a capacity of 399 seats, it has been determined that the current zoning for Cary Elementary is required to be changed. Since within Cary’s Town Center, the Land-Use designation acts as each property’s zoning district and regulates how each property in the Town Center can be used, it is necessary to complete a Comprehensive Plan Amendment.

The Cary Elementary property has a land-use designation of Institutional. As defined by Cary’s Land Development Ordinance, a “Small Theatre”, less than 300 seats, is allowed in this land-use designation, however, a “Large Theatre”, over 300 seats, is not allowed. The Cary Community Arts Center is proposed to include a 399-seat theater. Due to the theatre size, the property’s land designation must be changed through a Comprehensive Plan Amendment.

In addition, off-site parking will need to be developed to support the new facility. Staff is proposing to utilize the former Westbrook Property along with the properties at Walnut Street and Walker Street to develop a surface parking lot. These four properties are currently zoned High Density Residential - Garden, which does not allow use as a parking area. These properties will also require a change in the land designation through a Comprehensive Plan Amendment.

Staff proposes that the land designation be changed to High Intensity Mixed Use for all of the impacted properties. Staff has initiated rezoning applications for both of these properties through the Town process and it is expected to move forward for Council consideration according to the schedule stated in the Background Information table above.