Town of Cary, North Carolina
Comprehensive Plan Amendment - Staff Report
10-CPA-08 Tryon Place at Cary Parkway
Town Council Meeting
January 27, 2011

This Comprehensive Plan Amendment case is a request for a 12.55-acre parcel located at the southeast corner of Tryon Road and Cary Parkway. The applicant is proposing to change the long-range land use designation from Commercial (COM) to Commercial or Medium to High Density Residential (COM or MDR to HDR).

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. To view the LDO, paste the URL into your browser .

A. Notification
On August 31, 2010, the Planning Department mailed notification of a public hearing on this request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on September 1 and September 8, 2010. Notice of the public hearing was posted on the property September 1, 2010.

Notification was published in the Cary News on November 3 and November 10, 2010 for the Planning and Zoning Board public hearing. The property was posted again on November 2, 1010.

B. Town Council Public Hearing of September 16, 2010
Four citizens spoke at the Town Council public hearing. One of the four citizens stated he was representing the nine residents who share the common boundary with the proposal; he encouraged the council to approve this request. The other three citizens were not in support of a high density residential product and shared concerns about neighborhood compatibility, traffic, and stormwater run-off.

Council members had questions about mixed use, walkability within and around the site, green building, parking, integrating transit amenities, stormwater, and the number of residential units. Council members appreciated the applicant’s communication efforts with the adjacent homeowners and encouraged the applicant to continue working with the neighbors.

Council referred the case to the November 15, 2010 Planning and Zoning Board meeting.

C. Planning and Zoning Board Public Hearing of November 15, 2010
Seven citizens spoke at the Planning and Zoning Board public hearing. One citizen was representing the nine property owners who share the common boundary with the subject property; he stated he supports this comprehensive plan amendment request. Another citizen stated that residential development was a better option than commercial development. The remaining five citizens were not in favor of a medium to high density residential land use designation for this property, citing concerns about traffic, transitions, and buffers.

Planning and Zoning Board members clarified that the traffic impact study is not part of comprehensive plan amendment review. Board members had questions about density ranges of medium and high density residential development, the lack of residential in the Wellington Park community activity center, and the location of the future C-Tran route. Planning and Zoning Board members also asked about setback and height limits, and about the appropriateness of recommending one or two land use designations for the subject property.

The Board voted 6 – 3 to forward this case to Town Council with a recommendation of approval for Commercial or Medium to High Density Residential (COM or MDR to HDR). Dissenting votes were due to concerns about transitions, traffic, and a preference for a medium to high density residential only land use designation.

A. Town Council Action
Council may take action on this comprehensive plan amendment request during the Land Development Discussion portion of the Town Council meeting on January 27, 2011. A vote by Town Council on the requested land use designation will conclude this case.

If this comprehensive plan amendment is approved, then council will have considerable discretion to determine the type of housing and density appropriate for the subject property during the upcoming mixed use rezoning process.

B. Mixed Use (MXD) Rezoning
A mixed use (MXD) rezoning application requesting a change from General Commercial Conditional Use (GCCU) to Mixed Use (MXD) for the subject property was submitted on October 28, 2010. The preliminary plan for this mixed use rezoning case is currently in staff review. Assuming this case proceeds, it will most likely go to the Planning and Zoning Board for a public hearing in the first quarter of 2011.

With the mixed use rezoning process, there are many opportunities for public involvement and comment. Public hearing notification will be made prior to a Planning and Zoning Board public hearing. After the Planning and Zoning Board public hearing is conducted, the board may make a recommendation to Town Council, or they may send the request to a community workshop to allow the applicant, staff, board, and interested citizens to work together to achieve an acceptable mixed use project. A complete list of steps in the mixed use rezoning process is located on the Town of Cary website (to view the file, past the URL into your browser). http://vip.townofcary.org/processLinks/MXD_Rezoning_Process.pdf)

A. Southeast Area Plan
The governing land use element for the subject parcel is the Southeast Area Plan, originally adopted in September 2004. The Southeast Area Plan is part of the Town of Cary Land Use Plan, a volume of the Comprehensive Plan. The Southeast Area Plan currently recommends the future land use designation of the subject parcel be Commercial (COM). The applicant proposes to change the land use designation to Commercial or Medium to High Density Residential (COM or MDR to HDR). Medium Density Residential (MDR) development is typically defined as single-family detached or attached housing between three and eight units per acre. High Density Residential (HDR) development is typically defined as multi-family housing at eight or more units per acre.

The subject parcel is also located within a mixed-use Community Activity Center (CAC). The primary focus of a Community Activity Center (CAC) is to provide goods, services, and facilities in support of the surrounding community. They include a mix of commercial, office, institutional uses, and medium and high density residential uses.

B. Parks & Greenways Master Plan
According to the Parks and Greenways Facilities Master Plan, there are no issues related to this site.

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

Analysis: Water and sewer lines are available within and/or adjacent to the site. The subject property is located within a preferred growth area—the Wellington Park Mixed Use Community Activity Center.

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

Analysis: A medium to high density residential product, located in a mixed use community activity center, has the potential to support the above goals of the Affordable Housing Plan.

E. Comprehensive Transportation Plan
Tryon Road is designated as a Major Thoroughfare.
Existing Section: 4-lane median divided section, 110- to 120-foot ROW
Future Section: Existing
Sidewalks: Existing on both sides
Bicycle Lanes: 14-foot-wide outside lane existing
Status of Planned Improvements: N/A

Southeast Cary Parkway is designated as a Major Thoroughfare
Existing Section: 4-lane median divided section, 110-foot ROW
Future Section: 4-lane median divided
Sidewalks: Existing on both sides
Bicycle Lanes: 14-foot-wide outside lane
Status of Planned Improvements: N/A

F. Open Space Plan
According to the Open Space Plan, there are mixed upland hardwoods on the site. This site was not designated as priority open space for conservation.

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

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: The site is currently designated Commercial and is within the Southeast Gateway Area Plan and Wellington Park Community Mixed Use Center. The proposed amendment is to change the land use designation to allow medium and high-density residential uses. Wellington Park Community Mixed Use Center calls for a mixture of land uses to reduce spiral by concentrating a mix of uses in convenient locations, promote an efficient pattern of land uses, provide most of the goods and services needed by citizens in a coordinated and concentrated manner, reduce the number an length of auto trips by placing higher-density housing adjacent to shopping and employment, improve the quality of life for those living in high and medium density housing by having daily conveniences shops, and employment within walking distance and to facilitate auto, pedestrian, bicycle and transit travel, both within the center, and to surrounding neighborhoods.

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: Give the amount of commercial and office development that has occurred in the area, the amendment is warranted to provide residential uses to support the existing adjacent commercial uses. The proposed land use designation will provide the opportunity for nearby residents to reduce the length of time for automobile trips and potentially walk or ride a bike to the support services.

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 amendment is warranted because the Town encourages medium and high-density residential development adjacent to areas of commercial and office development. As stated in #1 above, this residential land use will be in close proximity to support services and employment opportunities.

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

Response: The amendment is warranted due because the Wellington Park Community Mixed Use Center does provide for medium or high density residential as stated in chapter 6 of the Land Use Plan. The proposed Comprehensive Plan Amendment will support the needs of the surrounding office and commercial uses.

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: A change in projections/assumptions on transit was addressed in the September 2008 update of the Town of Cary Comprehensive Transportation Plan by the identification of a future C-Tran route on Cary Parkway.

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

Analysis: A new issue, need, and/or opportunity addressed in the September 2008 update of the Town of Cary Comprehensive Transportation Plan was the identification of a future C-Tran route on Cary Parkway.

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: The town-wide Land Use Plan was amended in 2009 to update the guidelines and standards for mixed-use activity centers, including new metrics.

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 Southeast Area Plan currently recommends the future land use designation of the subject parcel be Commercial (COM). The applicant proposes to change the land use designation to Commercial or Medium to High Density Residential (COM or MDR to HDR). The subject parcel is also located within the Wellington Park Community Mixed Use Center. The table below includes existing development and recommended general characteristics of activity centers for the Wellington Park Community Mixed Use Center.

A mixed use Community Activity Center (CAC) may include commercial, office, institutional uses, and medium and high density residential uses. In the Wellington Park Community Mixed Use Center, both the commercial floor space and the residential units are below the typical or recommended amount as per Table 6.1 Recommended General Characteristics of Activity Centers found in the Town of Cary Land Use Plan. Commercial or medium to high density residential uses would both compliment the current mix of uses in this mixed use activity center; however, there is commercial development and no medium or high density residential development in this center. Ideally, with 418,000 square feet of nonresidential development, we would expect to have in the range of 200 – 1250 medium and/or high density residential units. At this time, we have no residential units and no existing base zoning for residential multi-family within the Wellington Park Community Mixed Use Center. The addition of residential units to this center would help to balance the mix of uses and provide an opportunity to walk to the Wellington Park Shopping Center. Just over 65 acres are vacant in the Wellington Park Community Mixed Use Center. Not including the subject property, 18.50 of the vacant acres have a commercial land use designation and commercial zoning. Opportunity for additional commercial development in this mixed use activity center remains.

High density residential housing and public transit are complimentary items — each has the potential to support the other. The subject parcel is currently served by Triangle Transit's 305 Route, a commuter route that operates in peak morning and afternoon hours. (See www.triangletransit.org for more detailed information on this route.) As per Cary’s Comprehensive Transportation Plan, the Town is planning for a future Cary Parkway Route that will terminate near the Tryon Road intersection. Further details on this Cary Parkway Route will be completed later this winter.

B. Recommendation
Staff recommends the land use designation for the subject property be changed from Commercial (COM) to “Medium to High Density Residential (MDR to HDR)” rather than the “Commercial or Medium to High Density Residential (COM or MDR to HDR)” requested by the applicant.