Town of Cary , North Carolina
Comprehensive Plan Amendment Staff Report
10-CPA-03 Adoption of the Historic Preservation Master Plan
Town Council Meeting
May 27, 2010

AMENDMENT REQUEST
This is a request to adopt the Historic Preservation Master Plan as an additional element of the Comprehensive Plan. The intent of the Historic Preservation Master Plan is to provide a comprehensive, 10-year guide for the development of a town-wide historic preservation program with related policies and ordinances. If adopted, it will supersede the historic resources element of the existing Town of Cary Open Space and Historic Resources Plan; therefore, staff also requests that upon adoption of the Historic Preservation Master Plan, the Open Space and Historic Resources Plan be renamed as The Open Space Plan in order to lessen confusion for citizens.

Cary’s Comprehensive Plan is a compilation of many separate plans that together describe the Town’s official vision for Cary in the coming years. The plans that make up the Comprehensive Plan address issues such as growth management, land use, transportation, affordable housing, and open space preservation.

BACKGROUND
Over the past decades Cary has participated in a number of historic preservation efforts. The Town’s Parks, Recreation, and Cultural Resources Department has worked closely with The Friends of Page-Walker Hotel, a non-profit, volunteer organization dedicated to arts and history, to develop a historical museum and provide numerous preservation-oriented educational activities and programs for the community. The Town has also purchased several important historic properties in order to protect and preserve them for the community’s benefit. The Town’s Planning Department has sponsored studies of the Carpenter and Green Level National Register Historic Districts and has recommended zoning changes to help preserve their remaining rural resources since National Register designation, while a significant honor, doesn’t provide any protection.

In addition, the Town has had an inter-local agreement with Wake County since the early 1990s which gives the Wake County Historic Preservation Commission (HPC) jurisdiction in Cary. Acting upon recommendations from the Wake County HPC, Cary has designated three structures as Historic Landmarks. The Wake County HPC, among other powers and duties, reviews and acts on proposals for alteration or demolition of designated Landmarks located within Cary.

These public and private efforts have accomplished a number of important preservation goals over the past 20 years, but there is a sense in the community that more can and needs to be achieved. Cary continues to lose historic resources to development and owner neglect, and in the absence of an overall historic preservation and stewardship plan, preservation activities are largely administered and conducted on an ad hoc basis by a variety of groups.

In 2008, in reaction to community concerns, the Cary Town Council approved and funded the preparation of the Cary Historic Preservation Master Plan to provide a comprehensive, coordinated approach to historic preservation.

In February 2009, the Town hired Thomason and Associates, a preservation planning firm based in Nashville, Tennessee as the prime consultant to prepare a town-wide historic preservation master plan. The consulting team also includes three sub-consultants: Philip Walker of The Walker Collaborative, Nashville, TN; Mary Ruffin Hanbury of Hanbury Preservation Consulting, Raleigh, NC; and Russ Stephenson, AIA, Raleigh, NC. The consulting team works under the guidance and direction of Town staff in the Planning Department. The Town’s project team is made up of staff from the Planning Department and the Parks, Recreation, and Cultural Resources Department.

A year-long planning process began in late February 2009 and has included numerous opportunities for community input: four community-wide meetings, three public educational workshops, and a citizen survey posted on the Internet during the month of February 2010. The plan has also benefited from the participation of a 14-member Advisory Committee which met five times in 2009. The committee was made up of historians, contractors, historic property owners and interested citizens representing diverse sections of the town, and was instrumental in formulating and articulating the goals, objectives and actions set forth in this plan.

A series of goals, objectives and actions are the essential components of this draft plan. The goals serve as the guiding principles for the Town’s proposed preservation work program; the objectives provide direction on how to accomplish the goals; and the actions state specific tasks to be implemented in order to achieve the objectives. Chapter V of the draft Plan discusses the goals, objectives, and actions in detail.

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
The Plan’s recommendations apply to all of Cary’s incorporated area and its extra-territorial jurisdiction (ETJ).

SUMMARY TABLE OF PROPOSED PLAN ACTIONS
The attached table summarizes all the proposed new actions set forth in this plan (for a list of efforts already underway, please refer to chapter VI of the draft Plan), and presents them as a 10-year program in three implementation phases:

Phase I - Strengthening the Framework (Years 1-3)
Phase II - Program Development (Years 4-7)
Phase III - Looking Ahead (Years 8-10)

It should be noted that implementation of the actions will require, in most cases, numerous steps, including preparation of draft proposals for internal review (Legal, Budget, affected operating departments), review by Town boards and commissions, stakeholder reviews, and public comment periods. In many cases, such as when an amendment to the Town’s land development ordinance is proposed, one or more public hearings will be required before the proposal reaches Council for their review and adoption. The schedule presented in the attachment is also dependent on available personnel and budgeted resources, and should be reviewed annually for adjustment and re-prioritization of actions as directed by Town Council.

Applicable Comprehensive or Area Plan Requirements

A. Land Use Plan: N/A
B. Comprehensive Transportation Plan: N/A
C. Parks & Greenways Master Plan: N/A
D. Open Space and Historic Resources Plan: The Open Space and Historic Resources Plan includes the following goal and implementation task which are advanced by the actions recommended by the draft Historic Preservation Master Plan:

• Goal: Preserve historic landscapes that reflect our rural heritage
• Implementation task: Evaluate the need for a historic preservation program that is responsive to the needs of the Town of Cary and its citizens.

E. Affordable Housing Plan: N/A
F. Growth Management Plan: N/A

TOWN COUNCIL PUBLIC HEARING OF MARCH 23, 2010


A. Public Hearing Comments
One citizen spoke during the public hearing and made the following comments:

1. The plan should be adopted with a few adjustments (detailed in numbers 2 and 3 below).
2. A comprehensive survey of historic resources in Cary should be the first implementation priority because it is important to know the historic resources that are in Cary before implementing the rest of the plan.
3. Establishing a Cary Historic Preservation Commission should be delayed. Staff should make use of the resources currently available (Wake County’s Historic Preservation Commission, the non-profit consulting firm Capital Area Preservation, and volunteer organizations) as long as possible before undertaking the effort and expense of establishing a new commission.

B. Changes After the Town Council Public Hearing of March 23, 2010
No changes were made to the draft plan after the March 23 public hearing.

PARKS, RECREATION AND CULTURAL ARTS ADVISORY BOARD MEETING OF APRIL 12, 2010

Staff presented an overview of the draft plan to the PRCR Board. Members questioned 1) the legal force of the plan’s recommendations, and 2) how progress would be tracked over the ten-year life of the plan. Staff clarified that the plan is a guidance document only and adoption will not create legally binding actions. Staff also noted that the plan recommends three-year progress reviews by the Planning and Zoning Board. Board members expressed their support for the plan and then voted unanimously to recommend adoption of the Historic Preservation Master Plan.

TOWN CENTER REVIEW COMMISSION MEETING OF APRIL 14, 2010
Staff presented an overview of the draft plan to the TCRC, with special attention give to the plan’s recommendations for downtown. Commission members expressed their desire to see downtown Cary’s quirky and interesting older structures preserved, and emphasized that they would like to see updates to the zoning and design standards for the town center’s historic core as soon as possible to ensure compatible infill and preserve a sense of place. The Commission voted unanimously to recommend adoption of the Historic Preservation Master Plan.

PLANNING AND ZONING BOARD PUBLIC HEARING OF APRIL 19, 2010
A. Public Hearing Comments
No citizens came forward to speak during the public hearing.

B. Planning and Zoning Board Discussion and Action
Several board members commented that the plan is a good document and fills a need. Other board comments and concerns included concern about long-term economic sustainability of preservation actions, the need for an aggressive public education program to decrease citizen defensiveness toward historic preservation, and concern about whether a future demolition-by-neglect ordinance might hurt people who can’t afford to maintain their historic properties.

Julia Rudy reported that the Town Center Review Commission (TCRC), which she chairs, voted unanimously to recommend approval of the plan. Ms. Rudy also provided Board members with a summary of the TCRC’s discussion.

Hari Nath was concerned that the plan doesn’t include costs associated with implementing the action items.

The Planning and Zoning Board voted 7-1 (Hari Nath dissenting) to recommend adoption of the Historic Preservation Master Plan with the following suggestions: 1) accelerate the timing of the survey; 2) delay establishing a Cary Historic Preservation Commission; 3) accelerate the community education part of the plan; 4) kick off an update of the Town Center Area Plan; and 5) figure out the costs for the plan’s phase I actions as part of the first stages of plan implementation.

C. Changes Made After The Planning and Zoning Board Public Hearing of April 19, 2010
No changes were made to the draft plan after the April 19 public hearing.

STAFF ANALYSIS
Staff believes the public input from the March 23 public hearing and the suggestions offered by the Planning and Zoning Board at their April 19 meeting are very valuable. Staff has paid close attention to this feedback, and after careful evaluation, offers the following discussion and analysis for each suggestion:

1. Accelerate the timing of the survey – Staff agrees that a comprehensive survey of Cary’s historic resources is an important and necessary first step in strengthening our historic preservation program, and implementation should begin as soon as possible. The plan currently proposes that this action be implemented in years one and two, which staff feels is a realistic timetable to accomplish the following necessary and required steps for a survey project: 1) develop a detailed project scope, develop a Communications Plan (required by our Public Information Office), and develop a Request For Proposals; 2) conduct a competitive proposal and consultant review and selection process (required by law); 3) prepare and sign a contract and kick off the project with a community information meeting and other community outreach activities; and 4) project development and completion.

2. Delay the establishment of a Cary Historic Preservation Commission – The plan envisions the establishment of a Cary Historic Preservation Commission to be a multi-step process that would begin in year two with the following action: Develop an ordinance for Town Council review and adoption establishing a Cary Historic Preservation Commission; coordinate with the State Historic Preservation Office. If after this process an ordinance is adopted, the plan proposes the following action for years two and three: Prepare a plan for recruitment, involvement and training of Historic Preservation Commission members; ensure representation of diverse neighborhoods and interests. Such a plan would need to be approved before actual recruitment and training of commission members could begin. Staff believes that these proposed actions in years two and three allow for a cautious, fiscally prudent approach to the creation of a new commission. With each action, staff will prepare a careful analysis of the costs and benefits for Council’s consideration. For the following reasons, staff also feels that implementing these actions during phase I, rather than in a later phase, will increase the likelihood of a successful preservation program:

• Preservation decisions affect how and in what form land and buildings are used. Just as other zoning and land use decisions are vetted through an established public process, preservation decisions in Cary should include an established public process. The Historic Preservation Master Plan presents numerous and ongoing opportunities for preservation decisions that have local land-use implications. Staff feels that such decisions should be made under the guidance and with the recommendations of a local preservation commission familiar with local neighborhoods and issues.

Example: One of the plan’s early implementation actions is that, along with undertaking the comprehensive survey, the Town needs to develop criteria for what should be considered historically or architecturally significant in Cary. The implications of this action for land use are that buildings that meet the criteria for significance could be subject to future regulation such as a delay-of-demolition ordinance (if adopted by council), or that buildings that meet the criteria could be eligible for future economic incentives (if adopted by council). Staff feels that criteria for historic significance would be fairer and the process would be more transparent if criteria were developed with the oversight and guidance of a local commission.

• A local historic preservation commission would provide a forum for public discussion as well as a source of advice, information, and refinement of staff recommendations related to the wide range of implementation tasks. A commission can also serve as the first level of appeal for citizens who wish to appeal a preservation decision that involves their property.
  
• There was significant citizen involvement during the development of the plan, and taking steps to form a local commission sooner rather than later would take advantage of the momentum that has been building over the past year. Staff believes that involving local citizens in the first phase  of the plan’s implementation will provide a basis for ongoing public participation and plan assessment.

Staff also believes that the Friends of the Page-Walker Hotel, the Wake County Historic Preservation Commission, Capital Area Preservation, the State Historic Preservation Office, and our other long-time preservation partners will continue to be important resources and partners in plan implementation.

C. Accelerate the community education part of the plan – Staff agrees that community education and outreach are very important and necessary to building a citizen-oriented historic preservation program. Toward that end, in addition to incorporating public education and outreach activities into every historic preservation initiative that is undertaken, Planning staff will continue our standard practice of developing a public communications plan for projects or initiatives that impact citizens – as will be the case with many of the proposed historic preservation actions. Because this plan is a ten-year, multi-faceted plan, staff feels that project-by-project educational activities will be efficient and effective because this approach will target time and resources to educate those citizens directly affected by a proposed action.

D. Kick off an update of the Town Center Area Plan – The draft Historic Preservation Master Plan recommends consideration of zoning and site design updates in the town center area to help enhance preservation of the downtown historic core. These actions will need to be coordinated with other downtown initiatives recommended as a result of the 2010 Council/Staff retreat. Work on these downtown initiatives is being programmed under the direction of the town manager.

E. Develop costs for the plan’s Phase I actions – The plan is a guidance document and recommends a work plan for staff over the next ten years. As with other long-range action plans, e.g. the Growth Management Plan, the Comprehensive Transportation Plan, etc., staff wiIl bring individual initiatives forward for review and consideration in accordance with the proposed implementation schedule. Each initiative will include a staff report to Council (and other pertinent boards and commissions) that includes factual data, pros, cons, and any costs associated with the action.

In summary, staff will continue to keep these issues and suggestions in mind as the plan is implemented, but staff doesn’t feel a change in the plan document itself is necessary at this time.

STAFF RECOMMENDATION
Staff recommends that Town Council adopt the Historic Preservation Master Plan as proposed, and in doing so, rename the Open Space and Historic Resources Plan as The Open Space Plan.

Town Council Motion Options:

Approval Motion:
I move that we adopt the Historic Preservation Master Plan as proposed, and in doing so, rename the Open Space and Historic Resources Plan as The Open Space Plan.

Approval Motion with Modifications:
I move that we adopt the Historic Preservation Master Plan with the modifications suggested by staff/P&Z/Council, and in doing so, rename the Open Space and Historic Resources Plan as The Open Space Plan.

Denial Motion:
I move that we do not adopt the Historic Preservation Master Plan.