Town of Cary , North Carolina
Comprehensive Plan Amendment Staff Report
09-CPA-03 Cooke and Futrell Property
Town Council Final Action
April 29, 2010

This is a request to amend the long-range land use recommendations of the Carpenter Community Plan, an element of the Comprehensive Plan, for eight parcels totaling 10.06 acres. The applicants represent 7.17 of the 10.06 acres affected by the proposed amendment.

The parcels are currently designated as Mixed Use (MXD) and are located north and south of Carpenter Fire Station Road, and north and south of Morrisville Carpenter Road, between NC Highway 55 and the CSX Railroad right-of-way. (This area is immediately adjacent to the Rural Village area east of the railroad line.) The applicant is requesting an amendment to the text of Note 9 on the Carpenter Community Plan Map, which provides additional land use recommendations for this 10.06-acre mixed-use area. Note 9 currently states that:

“The Mixed-Use areas between NC 55 and the railroad present some significant site design constraints. Screening along the railroad should be semi-opaque at a minimum given the site constraints. In order to make this area practically usable, streetscape and railroad buffers should be reduced to a minimal depth of 40’. This area should be architecturally compatible with the Rural Village both in terms of design and building height, bulk, and mass. Residential uses in area 9 are permissible but not required.”

The applicant proposes the language for Note 9 to read as shown below:

“In the Mixed-Use area, vegetated buffers along the railroad are recommended to exceed LDO performance standards by having a minimum width of 25’ and including semi-opaque plantings. Along the approaches to and from the Rural Village, and where views exist to and from the Rural village, new development within the Mixed-Use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass. Inclusion of historic materials such as wood siding, double-hung windows, tin roofs, and brick foundations, is preferred. Residential uses in area 9 are permissible but not required.”

Original Request

The original amendment request considered at the March 26, 2009 Town Council public hearing, included a request to change the long-range land use categories in the Carpenter Community Plan for all, or portions of, five parcels totaling 16.5 acres. The applicant had requested that the land use recommendations be changed from a combination of “Mixed Use” (MXD) and “Office/Institutional or Office/Industrial” (OFC/INS or OFC/IND), to a single designation of Commercial (COM) for the entire 16.5 acres. Following the Town Council public hearing, the applicant removed this request from the proposed amendment. Also, the applicant had originally proposed a different amendment to the text of Note 9 on the Carpenter Community Plan Map. The original amendments proposed for Note 9 are shown below, with text that was to be removed shown in strikethrough, and text that was to be added shown underlined.

“The Mixed-Use areas between NC 55 and the railroad present some significant site design constraints. Screening along the railroad should be semi-opaque at a minimum given the site constraints. In the areas adjacent to the Rural Village, the screening should consist of an opaque buffer or hedgerow. In order to make this area practically usable, streetscape and railroad buffers should be reduced to a minimal depth of 40’. This area should be architecturally compatible with the Rural Village both in terms of design and building height, bulk, and mass. Residential uses in area 9 are permissible but not required.”

NOTE: 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. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

Subject Parcels (Applicants) – Ownership and Identification
Property Owner(s)	Property Address	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Area (Deeded Acres)
Glenn Futrell	6737 Carpenter Fire Station Road	0735745188	0340048	2.81
Glenn and Joy Cooke Futrell	4004 NC Highway 55	0735736844	0101297	1.19
Glenn and Joy Cooke Futrell	1958 Morrisville Carpenter Road	0735735770	0248335	0.51
Glenn and Joy Cooke Futrell	1950 Morrisville Carpenter Road	0735737605	0168194	0.45
Dorothy W. Cooke	3890 NC Highway 55	0735726346 portion	0014628 portion	2.21 portion est.
Total Area:				7.17

SUBJECT PARCELS (Other Affected Parcels) – Ownership and Identification
Property Owner(s)	Property Address	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Area (Deeded Acres)
Dorothy W. Cooke	0 NC Highway 55	0735745658	0371742	1.95
Carpenter Land Company	4102 NC Highway 55	0735744717	0133584	0.35
Carpenter Land Company	4116 NC Highway 55	0735753099 portion	0117016 portion	0.59 portion est.
Total Area:				2.89
Grand Total Affected Acres:				10.06

SUBJECT PARCELS – Existing Conditions
Property Address	Acres	Current Use of Property
6737 Carpenter Fire Station Rd.	2.81	Existing mobile home
4004 NC Highway 55	1.19	Residential with 3,245 sq. ft. house built 1978
1958 Morrisville Carpenter Rd.	0.51	Vacant
1950 Morrisville Carpenter Rd.	0.45	Vacant
3890 NC Highway 55	2.21	Agricultural, with existing 1,808 sq. ft. house built 1920, plus addition, several outbuildings
0 NC Highway 55	1.95	Vacant
4102 NC Highway 55	0.35	Vacant
4116 NC Highway 55	0.59	Vacant

Applicant’s Agent	Glenda Toppe Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh, NC 27606 Phone:. (919) 851-7150 E-mail: gtoppe@jerryturnerassoc.com
Acreage	10.06 acres
General Location	Eight properties located north and south of Carpenter Fire Station Road, and north and south of Morrisville Carpenter Road, between NC Highway 55 and the CSX Railroad right-of-way. Property addresses include 6737 Carpenter Fire Station Road, 4004, 3890, 4102, 4116, and 0 NC 55 Highway, and 1950 and 1958 Morrisville Carpenter Road.
Schedule	Town Council Public Hearing March 26, 2009	Planning and Zoning Board Meeting June 15, 2009	Town Council July 23, 2009 and April 29, 2010
Existing Land Use Plan Designation	Mixed Use (MXD), with additional recommendations specified by Note 9 on the Carpenter Community Plan Map
Requested Land Use Plan Designation	Mixed Use (MXD), with modifications to the text of Note 9 on the Carpenter Plan Map
Town Limits or ETJ	The 0.45-acre property at 1950 Morrisville Carpenter Road is within the Town Limits. The remaining parcels are outside the corporate limits, but within the ETJ.
Staff Contact	Meredith Chandler, RLA, AICP Urban Designer/Senior Planner (919) 460-4983 meredith.chandler@townofcary.org

Town Council Public Hearing of March 26, 2009
A. Public Hearing Comments
No citizens spoke at the public hearing.

B. Town Council Discussion
Council members expressed concern with the original amendment request to change the plan’s land uses to commercial, and generally did not think that expanding the potential for commercial uses would be compatible with the adjacent Rural Village. Members voiced concern about the potential to negatively affect the Rural Village east of the site.

Council members also expressed concerns about the proposed text changes to Note 9. One council member expressed hesitation and concern about removing the existing text that recommends a 40-foot buffer adjacent to the railroad. Council felt that the specified buffer width must have been recommended for a reason, and that ample depth was required to protect the rural village to the east, by blocking views to and from the rural village. One council member acknowledged that the width of the subject parcels and the buffers would limit what can be developed on the site.

Council also expressed concerns about softening or removing the existing text that states, “This area should be architecturally compatible with the Rural Village both in terms of design and building height, bulk, and mass.” Council felt that it was important that future development on the site be compatible with the adjacent historic district.

C. Changes after the Town Council Public Hearing of March 26, 2009
The applicant met with staff on several occasions following the March 26, 2009 public hearing to discuss amendments to the case in order to address council concerns. In response to those discussions, the applicant agreed to remove the request to change the land use designation for the parcels to Commercial. In addition, the applicant worked with staff to wholly revise the proposed amendments to Note 9 on the Carpenter Community Plan Map. The applicant then proposed that Note 9 be revised in its entirety to read as:

“In the mixed-use area, vegetated buffers along the railroad are recommended to exceed LDO opacity performance standards: the buffer should be opaque, and should screen views to and from the National Register Historic District, along roadway approaches and other public viewpoints. Along the approaches to and from the Rural Village, and where views exist to and from the Rural Village, new development within the mixed-use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass. Residential uses in area 9 are permissible but not required.”

Planning and Zoning Board Public Hearing of June 15, 2009
A. Public Hearing Comments
Only the applicant’s representative spoke at the public hearing in support of the proposed amendment.

B. Planning Board Action and Discussion
The Planning and Zoning Board recommended approval by a vote of 6-0.

One board member requested clarification from staff as to what was meant by the term “compatible” in the revised Note 9 text that states “. . .new development within the mixed-use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass.” Using examples and photographs, staff explained that compatible projects should reflect a sufficient number of design elements and characteristics from the historic district, but would not need to reflect or replicate all of the design elements or characteristics of the historic district. The applicant explained that compatibility might be achieved in a number of ways, providing flexibility for future development while still protecting the integrity of the historic district.

Another board member expressed concerns about minimizing the number of curb cuts on NC Highway 55 for any future development on the site. The applicant responded that future site plans would employ cross-connections between parcels in order to minimize NC Highway 55 access points.

C. Changes Made After the Planning and Zoning Board Public Hearing of June 15, 2009
No changes were made between the June 15 Planning and Zoning Board public hearing and the July 23, 2009 Town Council meeting.

Town Council Meeting of July 23, 2009
A. Town Council Action and Discussion
Council tabled this Comprehensive Plan Amendment request pending further clarification.

The use of a specific width versus the performance standards for the buffer note was questioned by several council members. One council member stated that he did not think the text amendment clarified the note, which was its intention. Council members were also interested in understanding the history of the note on the Carpenter Community Plan and why the 40-foot width was initially specified.

As per council’s request, staff researched the history of the Carpenter Community Plan Note 9. Reconstructed History of Carpenter Community Plan Note 9.

B. Changes Made After the Town Council Meeting of July 23, 2009
The applicant met with staff on several occasions following the July 23, 2009 Town Council meeting, to discuss amendments to the case in order to address council concerns. The applicant worked with staff to revise the proposed amendments to Note 9 on the Carpenter Community Plan Map. The applicant now proposes that Note 9 be revised in its entirety to read as:

“In the Mixed-Use area, vegetated buffers along the railroad are recommended to exceed LDO performance standards by having a minimum width of 25’ and including semi-opaque plantings. Along the approaches to and from the Rural Village, and where views exist to and from the Rural village, new development within the Mixed-Use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass. Inclusion of historic materials such as wood siding, double-hung windows, tin roofs, and brick foundations, is preferred. Residential uses in area 9 are permissible but not required.”

A. Land Use Plan or Area Plan
The governing land use element of Cary’s Comprehensive Plan for the subject parcels is the Carpenter Community Plan, originally adopted in September 2005. The Carpenter Community Plan currently recommends the following future land uses for the subject parcels:

The entire 10.06-acre subject area is recommended for Mixed Use (MXD) development. Areas designated as Mixed Use are recommended to include at least two major land use types from among commercial, office, and medium-to-high-density residential. The plan further specifies that a single use type “should not substantially dominate an entire area designated as Mixed Use.” However, for the MXD area in question, the plan also states that residential uses are not required within the usage mix. That is, the usage mix could consist of commercial and office uses only. Additional land use recommendations are described in Note 9 on the plan map, which applies to the entire area designated as MXD between NC Highway 55 and the CSX Railroad right-of-way. (Note 9 may be found in the first section of this staff report.)

B. Parks and Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Master Plan an east-west greenway trail is proposed to cross the subject parcels near the northern portion of the subject area, near the existing segment of Carpenter Fire Station Road. According to the Carpenter Community Plan, this greenway is proposed to cross Highway 55 via a grade-separated crossing.

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

1. Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with new development.
Analysis: Public infrastructure is located reasonably proximate to the site.

2. Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
Analysis: Residential growth is not envisioned for the subject site. The recommendations of the Carpenter Community Plan envision nonresidential growth at a scale that complements the site’s context. The proposed amendment does not affect these recommendations.

3. Guiding Principle L2: Ensure that future growth protects sensitive natural resources and protects open space.
Analysis: One of the parcels does contain some significant natural resources, and several of the sites include notable and mature hardwoods. The degree to which future development may or may not preserve some or all of those resources cannot be determined with this Comprehensive Plan Amendment case, but may be addressed by a rezoning or site plan.

4. Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.
Analysis: The Carpenter Community Plan identifies the type and intensity of development that is most desired by the Town in this particular area. The proposed amendment does not affect these recommendations.

D. Affordable Housing Plan
Since it is highly unlikely that residential uses would be sited within the subject area, in general the Affordable Housing Plan is not applicable to this case. In fact, the following goal from the Affordable Housing Plan discourages housing at this location:

1. Goal: 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.

Analysis: The subject area is isolated between NC Highway 55 and the CSX Railroad line. In the future, with the planned closings of the railroad crossings of Carpenter Fire Station and Morrisville-Carpenter Roads, the site will become completely isolated, lacking both street and pedestrian connections to nearby areas. The site is not within walking distance of employment, shopping, or other daily activities.

E. Comprehensive Transportation Plan
The Comprehensive Transportation Plan includes the following recommendations for the thoroughfares adjacent to the subject parcels:

NC Highway 55
Roadway Classification	NC 55 is designated as a Major Thoroughfare
Existing Section	4-lane divided with landscaped median and paved shoulders, approximately 150-foot ROW
Future Section	4-lane divided with landscaped median and curb and gutter, approximately 150-foot ROW (six lanes required north of Indian Wells)
Sidewalks	Sidewalks required on both sides
Bicycle Lanes	14-foot-wide outside lanes
Transit	None
Status of Planned  Improvements	None scheduled by the Town

Carpenter Fire Station Road and Morrisville-Carpenter Road
Roadway Classification	Carpenter Fire Station Road and Morrisville-Carpenter Road are designated as Major Thoroughfares
Existing Section	2-lane thoroughfare, approximately 60-foot ROW
Future Section	4-lane divided with landscaped median, approximately 100-foot ROW
Sidewalks	Sidewalks required on both sides
Bicycle Lanes	14-foot-wide outside lanes
Transit	None
Status of Planned  Improvements	ST-1166:  Carpenter Fire Station Road Extension and Railroad Bridge – FY 2013 (Construction)

F. Open Space and Historic Resources Plan
The Open Space Plan and its priority open space inventory identify portions of the case area as having some significant natural resources. These natural resource areas are located on the Dorothy Cooke property immediately south of Morrisville-Carpenter Road, and consist of mixed upland hardwoods near the existing homestead and farm pond.

Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in their original application form. (The application questions are repeated below). Many of the applicant’s responses were given in the context of their original amendment request, as considered at the March 26, 2009 Town Council public hearing. Their responses have not been updated to reflect changes made to their amendment request since that date. 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’s Response: The Comprehensive Plan for these parcels is the Carpenter Community Plan. The land use on a portion of the rezoning reflects the existing zoning; the other parcels being rezoned have a mixed-use designation. The mixed-use designation for the Carpenter Community Plan permits commercial and retail uses. This portion of the request is already in conformance with the comprehensive plan. Since a portion of the request already allows commercial uses, it is our opinion that all the parcels should be designated for commercial. This will allow the parcels to develop in a cohesive, well-planned manner. Given the current and future development plans for the area, the proposed commercial land use designation is a better fit for this location. There is now a need for commercial land uses in this location to provide the necessary support services to the residents in the area.

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’s Response: Given the amount of residential development that has occurred in the area, the proposed land use designation will provide the opportunity for the convenient location of support services. The location will enable nearby residents to reduce the length of time for automobile trips and potentially walk or ride a bike.

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’s Response: The Town encourages commercial development in areas such as this one. As stated in #4 above, this commercial land use will be in close proximity to residential development in the area. Good land use planning principles typically advocate and support the development of this type of use in this type of location.

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

Applicant’s Response: The amendment is warranted due to the development patterns that have occurred in the area. The proposed Comprehensive Plan amendment will support the needs of the surrounding residents.

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;
Analysis: None identified.

2. Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
Analysis: None identified

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
Analysis: None identified.

4. Identification of errors or omissions in the Comprehensive Plan.
Analysis: As described in the Staff Analysis section of this report, the existing text for Note 9 is ambiguous and needs to be clarified with a stronger emphasis on performance criteria.

Staff Analysis
Staff believes that the new proposed text for Note 9 is an improvement over the existing text. The following paragraphs compare the current versus proposed text in discrete sections, by topic.

A. Railroad and Streetscape Buffers
The existing Note 9 text that pertains to streetscape and railroad buffers is as follows:

“Screening along the railroad should be semi-opaque at a minimum given the site constraints. In order to make this area practically usable, streetscape and railroad buffers should be reduced to a minimal depth of 40’.”

The proposed text for Note 9 pertaining to buffers is:

“In the Mixed-Use area, vegetated buffers along the railroad are recommended to exceed LDO performance standards by having a minimum width of 25’ and including semi-opaque plantings.”

The existing text has several deficiencies. The phrase “in order to make this area practically usable” seems to be setting up a rationale for recommending relief from standard buffer treatments; however, the text that succeeds this clause actually appears to be recommending buffers that exceed LDO standards. (This is discussed more fully in the next paragraph.) Staff feels that the note was attempting to recognize that there could be development challenges within the subject area, where the total property width between NC Highway 55 and the railroad is about 250 feet. However, recent investigations by staff reveal that in fact there are multiple sites around Cary where new development has in fact occurred on properties having similar width and location constraints, on sites located between railroad corridors and thoroughfares or collectors. This phrase has therefore been removed from the proposed text.

The statement that “buffers should be reduced to a minimal depth of 40 ft.” is confusing and ambiguous. The LDO requires a 30-foot streetscape buffer for nonresidential uses on NC Highway 55, and a 20- to 30-foot buffer adjacent to the railroad, depending on whether commercial or office uses are present. Hence, the statement that “buffers should be reduced to. . .” does not appear to make sense, since 40 feet would be a buffer increase, not a reduction. The only alternate interpretation might be that the note implies a total aggregate buffer width of 40 feet, but if so it is not clearly stated.

Staff believes that the proposed text is a marked improvement. The new text is focused on the performance objectives for the buffers and specifies a minimum width greater than the LDO requirement. The new text also clarifies and expands upon the purpose of the railroad buffer and describes the views that an effective railroad buffer should mitigate.

For future rezoning cases, the burden will be on the applicant to provide rezoning conditions that specify a buffer type and width sufficient to satisfy the board and Town Council that the objectives have been adequately met.

B. Architectural Compatibility
The existing Note 9 text that pertains to architectural compatibility is as follows:

“This area should be architecturally compatible with the Rural Village both in terms of design and building height, bulk, and mass.”

The proposed text for Note 9 pertaining to architectural compatibility is:

“Along the approaches to and from the Rural Village, and where views exist to and from the Rural Village, new development within the Mixed-Use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass. Inclusion of historic materials such as wood siding, double-hung windows, tin roofs, and brick foundations, is preferred.”

Staff feels that the proposed text represents an improvement over the existing text, for several reasons. First, the current text calls for architectural compatibility throughout the Mixed Use Area described by Note 9, regardless of whether or not buildings are visible to or from the historic district. The proposed text clarifies that architectural compatibility is essential where views exist between the historic district and the subject parcels, and on the approaches to and from the historic district.

Second, the current text only addresses architectural compatibility for buildings, while the proposed text is expanded to note that compatibility should also extend to the historic landscape and streetscape. For example, in the Rural Village at Carpenter, there is no curb and gutter, no streetlights, and no sidewalks. Where the subject parcels tie into the Rural Village along the key approaches, a similar treatment should be maintained in order to complement the historic Rural Village.

For any future rezoning case, the burden will be on the applicant to provide rezoning conditions that specify how architectural compatibility is to be achieved, to the satisfaction of the board and Town Council.

C. Site Constraints
The current text for Note 9 begins with the sentence:

“The Mixed-Use areas between NC 55 and the railroad present some significant site design constraints.”

This sentence has been removed from the proposed text. Staff agrees that the text is not necessary and does not add a substantive recommendation to the Note. Further, the site constraints are, in fact, rather limited: the topography is relatively even and the area is generally unencumbered by streams or wetlands. The only site constraint is the width of the site, and the potential limitations on roadway access points onto NC Highway 55. However, those latter constraints are not unusual and are found on numerous properties in Cary, as noted above in paragraph A.

D. Residential Uses
The current text for Note 9 ends with the sentence:

“Residential uses in area 9 are permissible but not required.”

This sentence is retained in its entirety as the final sentence in the proposed text for Note 9.

Staff recommends approval of the amendment request as currently proposed by the applicant.