Town of Cary , North Carolina
Comprehensive Plan Amendment Staff Report
10-CPA-04 Ferrell Property at Morrisville Parkway
Town Council Meeting
August 11, 2010

This Comprehensive Plan Amendment request is for a 4.76-acre parcel located at 1950 Morrisville Parkway. The applicant is proposing to change the long-range Land Use Plan recommendation from Low Density Residential (LDR) within a mixed-use Neighborhood Activity Center (NAC) to Medium Density Residential (MDR) with removal from the mixed-use Neighborhood Activity Center (NAC).

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.

Property Owner(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
David S. Ferrell Luanne F. Adams 1600 Morrisville Carpenter Road Cary, NC 27519	0745019227	0310473	4.76 acres
Total Area			4.76 acres

Applicant & Agent	Charles R. Smith, Withers & Ravenel, Inc. 111 MacKenan Drive Cary, NC 27511 919-469-3340 csmith@withersravenel.com
Acreage	4.76 acres
General Location	1950 Morrisville Parkway
Schedule	Town Council Public Hearing May 27, 2010	Planning and Zoning Board Public Hearing July 19, 2010	Town Council Action August 11, 2010
Land Use Plan Designation	Low Density Residential (LDR) and mixed-use Neighborhood Activity Center (NAC)
Existing Zoning District(s)	Residential 40 (R-40)
Town Limits	Yes
Staff Contact	Meredith Chandler, RLA, AICP Urban Designer/Senior Planner 919-460-4983 meredith.chandler@townofcary.org

A. Notification
On May 11, 2010, the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject site. Notification consistent with General Statutes was published in the Cary News on May 12 and May 19, 2010. Notice of the Town Council public hearing was posted on the property on May 12, 2010.  Notice of the Planning and Zoning Board public hearing was posted on the property on July 6, 2010.

B. Town Council Public Hearing of May 27, 2010
No one spoke at the public hearing for the Comprehensive Plan Amendment 10-CPA-04.

Mr. Chuck Smith, the property owner’s agent, stated that the applicant is requesting to remove the subject property from the activity center. The applicant believes the stream to the west is a better delineation of the activity center instead of this property line. He also stated that due to the small size of the parcel, the use should be compatible with the land use to the east.

Council referred the case to the July 19, 2010 Planning and Zoning Board meeting.

C. Planning and Zoning Board Public Hearing of July 19, 2010
Mr. John Buben, a resident of Lakeridge Townhomes, spoke in favor of the plan amendment request. Mr. Chuck Smith, the applicant’s representative, stated that he had been meeting with the neighbors, and will continue to work to address their concerns.

Planning and Zoning Board members discussed the effect of removing the subject parcel from the activity center, other development and plans for development near the site, and potential greenway connections to the West Regional Library.

The Planning and Zoning Board forwarded this case to Town Council with a recommendation for approval, 8 – 1. The one dissenting vote was due to concern about the precedent that could be set by allowing a parcel to be removed from an activity center.

A. Land Use Plan
Long-range land use recommendations for the subject parcel are given by the town-wide Land Use Plan. The Land Use Plan designates the subject parcel as Low Density Residential (LDR), which includes single-family dwellings at densities of about one to three units per acre. The applicant proposes to change the land use designation to Medium Density Residential (MDR). The subject parcel is also within the boundary of the Morrisville Parkway Neighborhood Activity Center (NAC) and as part of this request; the applicant proposes to remove this parcel from the Neighborhood Activity Center (NAC). This activity center designation was defined in 2003 when the LDO requirements for mixed-use development were codified.

An associated rezoning request, 10-REZ-04, proposes to change the zoning of the subject parcel from
R-40 (Residential 40) to RMF-CU (Residential Multi Family - Conditional Use) and remove it from the Mixed Use Overlay District.

B. Parks & Greenways Master Plan
According to the Parks and Greenways Facilities Master Plan, a greenway trail is proposed along the Urban Transition Buffer on the western side of the parcel; the greenway will connect the existing Carpenter Village greenway to the north to a proposed multi-use trail along Morrisville Parkway. The master plan also calls for a multi-use trail along the western half of the Morrisville Parkway frontage on this site. A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that 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 encourage desired forms of development.

Analysis: The subject parcel is located adjacent to the Morrisville Parkway extension project, which is due for completion this winter. Water and sewer lines are also available within and/or adjacent to the site. The subject property is located within a preferred growth area—the Morrisville Parkway Neighborhood Activity Center.

D. Affordable Housing Plan
The Affordable Housing Plan includes the following goals that are relevant 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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

3. 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.

4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Comments: A medium density residential product, located in or adjacent to a neighborhood activity center, has the potential to support the above goals of the Affordable Housing Plan.

E. Comprehensive Transportation Plan
Morrisville Parkway is designated as a Major Thoroughfare.
Existing Section: N/A
Future Section: 4-lane median divided with 14-foot-wide outside lanes, 78 feet back to back, 100-foot ROW
Sidewalks: required on both sides
Bicycle Lanes: 14-foot-wide outside lane required
Status of Planned Improvements: Town improvement project in process

F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, the site has mixed upland hardwoods on site. The site was not proposed for conservation as a priority open space parcel.

G. Historic Preservation Master Plan
There are no known historic buildings on the subject site.

Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in the application form. (The application questions are repeated). Please note that the statements below are that of the applicant and do 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: As described in the above #1 (from rezoning justification statement), the primary change has occurred with the removal of the subject property from the Mixed Use Center. The proposed reasoning is reasonable because without this designation, the land use most likely assigned to this site would be townhomes and its associated zoning since the adjacent site to the east already has this designation.

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: Not applicable.

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: Not applicable.

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

Response: Not applicable.

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: It appears that the boundary of the Morrisville Parkway Neighborhood Activity Center was drawn based on property lines. A different assumption, based on land use or natural barriers such as stream buffers, could have also been used to create the eastern boundary of this mixed-use center.

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

Analysis: No new issues have been 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: No changes have been identified.

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

Analysis: No errors or omissions have been identified.

A. Staff Analysis
As stated above, the Town’s Land Use Plan designates the subject parcel as Low Density Residential (LDR) within a Neighborhood Activity Center (NAC). The applicant proposes to change the land use designation to Medium Density Residential (MDR) and remove it from the Neighborhood Activity Center (NAC).

Retaining Versus Removal of Activity Center Designation
Activity centers are one of the key “building blocks” of the town’s long-range land use vision. Activity centers are concentrated mixed-use areas containing commercial, office, institutional, and high- and medium-density residential uses, arranged in a pedestrian- and transit-friendly manner. All elements and land uses are designed to function as an integrated whole.

Chapter 6 of the Land Use Plan states that it is anticipated that it may be necessary to amend the Land Use Plan Map in order to revise the proposed boundaries of an activity center; relocate, move, or remove an activity center; reclassify the type of an activity center; or add a new activity center to the Map. Such amendments do constitute substantive changes to the Comprehensive Plan; the precedent that may be set by removing a parcel from an activity center must be carefully considered when reviewing such a Comprehensive Plan Amendment request.

It appears that the boundary of the Morrisville Parkway Neighborhood Activity Center was defined based on property lines. A different assumption, based on land use and/or natural barriers, could have also been used to create the eastern boundary of this mixed-use center. The land use designations of the subject parcel and the eastern half of the parcel immediately south of Morrisville Parkway are both Low Density Residential (LDR). The 100-foot stream buffer running along the western boundary of the subject parcel continues through the parcel immediately south of Morrisville Parkway and separates this property in two halves. The western half located at the southwest corner of the intersection of Louis Stephens Road and Morrisville Parkway is designated as High Density Residential (HDR). The stream buffer defines the boundary between this High Density Residential (HDR) portion and the eastern half of the parcel located on the opposite side of the stream buffer designated as Low Density Residential (LDR). The boundary of the Morrisville Parkway Neighborhood Activity Center could have also been defined along this stream buffer, leaving the Low Density Residential (LDR) land use areas out of the mixed-use center.

The goals defined for activity centers in Chapter 6 of the Town’s Land Use Plan can be achieved for the Morrisville Parkway Neighborhood Activity Center whether or not the subject property is included within or adjacent to this activity center.

Low Density Residential Versus Medium Density Residential
As per the Town’s Land Use Plan, a neighborhood activity center should typically provide medium and/or high-density housing for the neighborhood, conveniently located near the center’s shopping and employment. Housing densities in activity centers should generally be arranged to decrease outward from the center in order to transition with adjoining neighborhoods.

Whether the subject property is still located within or adjacent to the neighborhood activity center, a medium density residential product would provide housing near the library and elementary school as well as provide an appropriate land use transition between non-residential uses west of the site and medium density residential uses east of the site.

Site Characteristics
The subject property located at 1950 Morrisville Parkway is 4.76 acres; however, only 50 to 60 percent of the site is potentially buildable, creating a small in-fill development opportunity. As per Town of Cary Geographic Information System (GIS) data, two different 100-foot urban transition buffers cover a portion of the northern end and all of the western side of this property, making the potentially buildable area less than 2.85 acres.

B. Recommendation
Based on the potential variation of assumptions on which the Morrisville Parkway Neighborhood Activity Center was defined, the land use transition that could be provided by a medium density residential product, and acknowledgement of the small size of the subject parcel, staff recommends approval of this Comprehensive Plan Amendment request. Whether or not the subject parcel is retained in the activity center and follows the mixed-use rezoning process, or proceeds in the proposed fashion, the resulting development will be substantially the same.