2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

a.   LAND USE PLAN AMENDMENT 07-CPA-08, Koppers Road Development
Location: 6514 Koppers Road
Current Comprehensive Plan: Medium Density Residential
Proposed Comprehensive Plan: Low Density Residential
Acreage: 12.79±
Planning and Zoning Board recommendation: unanimous to approve
Speaker:  Mrs. Anna Readling
Proposed Council action: Council may take action

Request

The applicant is requesting Council approve an amendment to the Carpenter Community Plan, an element of the Town’s Comprehensive Plan.  The request is to change the land use designation of the Medium Density Residential (MDR) portion of the approximately 12.79 acres located at 6514 Koppers Road to Low Density Residential (LDR). 

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. 

Background Information

Subject Parcels

Applicable Comprehensive or Area Plan Requirements:

A. Land Use Plan: 
This case proposes to modify the existing Land Use Plan designation of the subject parcel from a combination of Low and Medium Density Residential to Low Density Residential only.

B. Comprehensive Transportation Plan
Koppers Rd.

Existing Section: 60’ ROW, 2-lanes

Future Section:  100’ ROW, 4-lane median divided

Road Improvements:  None scheduled

C. Parks & Greenways Facilities Master Plan: 
A 10’ wide greenway trail is proposed along the Kit Creek tributary on the western end of this site.  A recreation payment-in-lieu will be required for any subdivided residential development in accordance with the Land Development Ordinance.

D.  Open Space and Historic Resources Plan:  According to the Open Space and Historical Resources Plan (OSHRP) conservation of an expanded width buffer is called for around the Kit Creek tributary.

E.  Affordable Housing Plan:  The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this plan include:

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 80% of area median income of $71,600, adjusted for family size (2006 HUD Data).
3. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.
4. Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, rehabilitation of existing housing, homeownership training, and marketing of assistance programs.
5. 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:  At the level of a comprehensive plan amendment, the particular impact of this amendment on the Town’s adopted affordable housing goals cannot be determined; however, low density residential development is often less affordable than moderate and higher density residential development.

F.  Growth Management Plan: 
The Growth Management Plan includes the following Guiding Principle which is relevant to this case:

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

Analysis:  The subject parcel is located within an area where urban services are readily available, and is located within 2 miles of Research Triangle Park, the region’s major employment center.

TOWN COUNCIL PUBLIC HEARING – August 23, 2007

The applicant spoke in favor of the amendment; no one else came forward to comment.

PLANNING AND ZONING BOARD PUBLIC HEARING – October 15, 2007

Mr. Billy Maynard, owner of the parcel north of and contiguous to the subject parcel, expressed concern that development of the subject parcel may force the entire burden of building the future extension of McCrimmon Parkway onto his property.  As this is an issue that will need to be addressed at the development stage, Board Member Commiskey recommended that staff note Mr. Maynard’s concerns and work with him at that time.

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING

No changes have been made since the public hearing.

Town Council 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:”

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

Staff Comment:   There have been no changes in this regard.

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

Staff Comment:  No new issues have been identified.

• 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 Comment:  The Carpenter Community Plan map (an element of the Comprehensive Plan) shows the subject parcel as being bisected north-to-south by a future thoroughfare, with the portion of the parcel located on the west side designated Medium Density Residential, and the portion on the east side designated Low Density Residential. The planned route of the future thoroughfare has changed and will no longer bisect the parcel.  The applicant is requesting that the Carpenter Community Plan be amended so that the entire parcel is designated as Low Density Residential.

• Identification of errors or omissions in the Comprehensive Plan. 

Staff Comment:  No errors or omissions have been identified.

STAFF ANALYSIS AND RECOMMENDATION

The subject 7.75 acres are a portion of a larger 12.79-acre parcel.  The 7.75-acre portion is currently designated for medium-density residential (MDR), whereas the remainder of the parcel is designated for low-density residential (LDR).  The parcel was “split-designated” in this manner because when the land use plan was adopted for this area in 2005, it was anticipated that Koppers Road would be realigned to go straight through the subject parcel, creating a transition line between medium- and low-density residential.  Since then, rezoning cases have fixed the future alignment of Koppers Road so that it no longer goes through the parcel.  What remains on the land use plan is a 12.79-acre parcel with two different and contiguous land-use designations (MDR and LDR).  The requested amendment would change the designation of the 7.75-acre portion of the parcel to LDR so that the entire parcel would then be designated as LDR.  An LDR designation for the entire parcel is in keeping with other nearby land uses as well as in keeping with the parcel’s location in proximity to the Carpenter National Register Historic District.

For these reasons, Staff recommends approval of this request.

ACTION: Mrs. Robison moved to approve the consent agenda, with the exception of item B.3.j., extending benefits to post term council members. Mr. Portman provided the second, and council granted unanimous approval.

_________________________

b.   SUBDIVISION PLAN 07-SB-011: The Manor at Green Level Crossings
Location: North of Roberts Road approximately 2,500’ east of the intersection of Green Level Church and Robert Roads
Request: The applicant is requesting that Town Council approve the subdivision plan known as The Manor at Green Level Crossing, consisting of 70 single-family lots on approximately 51 acres, located within the Conservation Residential Overlay District
Acreage: 51 acres
Planning and Zoning Board recommendation: unanimous to approve
Speaker:  Mr. Bob Benfield
Proposed Council action: Council may take action

Town of Cary, North Carolina

Development Plan Staff Report to the Town Council

07-SB-011: The Manor at Green Level Crossings

Bob Benfield, Case Manager

REQUEST

The applicant is requesting that Town Council approve the subdivision plan known as The Manor at Green Level Crossing, consisting of 70 single-family lots on approximately 51 acres, located within the Conservation Residential Overlay District.

The site plan as submitted to staff is attached to and incorporated in these minutes as Exhibit.

BACKGROUND INFORMATION

Public Notification:  In accordance with Town policy, on September 12, 2007, staff mailed notification to all adjoining property owners within 400’ of the subject property.  While a few citizens have visited staff to view the proposed plan, there have been no concerns raised from residents regarding the development.

Project Summary:

The applicant is proposing to develop the property utilizing the density bonus option of the Conservation Residential Overlay District (CROD), as depicted in the following table:

BACKGROUND

The applicant proposes to construct a residential subdivision at a gross density of 1.37 dwelling units per acre (70 single-family lots) utilizing the density bonus option as provided in Section 4.4.3 of the Land Development Ordinance (LDO).  Subdivisions within the CROD may increase their development yield by preserving open space [described in LDO Section 4.4.3(F)(4)] and by employing incentive measures (described at the end of LDO Table 4.4.3).  The density bonus provision encourages preservation of additional open space and of historic structures.  The Overlay also seeks to further enhance rural character development through greater thoroughfare and collector roadway streetscape buffers, utilizing greenways in lieu of sidewalks, and the incorporation of Low Impact Development (LID) site design and stormwater management strategies.

A proposed subdivision plan for this property was previously denied by Town Council on April 26, 2007.  The Town Council voted to deny the plan for failure to be consistent with the goals and objectives established in the Southwest Area Land Use Plan, a component of the Town's Comprehensive Plan.  Specifically, the Town Council concluded that the plan as submitted did not preserve the rural character established in the Southwest Area, nor did it meet all applicable requirements of the LDO regarding density bonus criteria established by LDO Section 4.4.3.

On July 12, 2007, the Town Council granted a waiver to the twelve month waiting period for denied plans and allowed the plan to be resubmitted, as the applicant proposed modifications designed to address the concerns and requirements that lead to the plan’s previous denial.  Some of the key changes the developer was to incorporate into the revised plan include:

    the substitution of ditch/swale road sections instead of curb and gutter streets;

    the use of trails instead of sidewalks;

    the provision of increased open space, especially along the Roberts Road frontage;

    the incorporation of additional low-impact stormwater techniques, like bio-retention areas and the elimination of “wet” ponds; and

    the improvement of environmental protection in the form of proposed limits on grading and tree removal.

Staff has completed two reviews of the revised plan for the Manor at Green Level Crossing Subdivision and advises that several substantial modifications have been incorporated into the plan.  They include the following:

1.      The overall amount of impervious surface area has been reduced from 25.9% to 23.9%.

2.      The standard curb & gutter design was replaced with grassed swales by the roadside.  The original plan proposed 9,756 feet of curb and gutter and 4,602 feet of storm drainage pipe.  The revised plan includes 9,935 feet of grassed swales and 2,027 feet of storm drainage pipe.

3.      The traditional sidewalk was replaced with a system of greenways and pedestrian paths, providing pedestrian access throughout the subdivision.

4.      The previous use of wet ponds has been replaced with three primary stormwater treatment methods:   (1) grassed swales will be utilized to divert and provide some treatment of stormwater; (2) dry ponds will be installed allowing stormwater to temporarily pool and then fully drain (through infiltration) over a 2-5 day period; and (3) bio-retention areas will be established.

5.      The addition of a rain garden to the interior of the subdivision.  Rain gardens function similarly to bio-retention areas and are typically landscaped to visually appear as an amenity to the development.  Rain gardens provide a means of stormwater infiltration.

6.      The subdivision will include extra landscaping by modifying the spacing of street trees to one tree every 30’ instead of one every 40’ (a 33% increase).  Also, 100% of the front foundation of each dwelling will be landscaped instead of the normal 50% per dwelling frontage.

7.      Approximately 12,000 square feet of additional open space is provided along Roberts Road.

8.      The addition of a note to the plan restricting individual lot clearing and specifying that individual trees on each lot cannot be removed without first obtaining approval from the Homeowners Association.

9.      The number of proposed lots was reduced from 71 to 70 lots to provide more opportunity for the use of LID stormwater devices and to provide an additional 0.83 acres of open space.  There was, in fact, a general increase in all three proposed levels of open space:  in primary class 1; in primary class 3; and in secondary open space.  The original plan proposed 4.29 acres of additional open space.  The revised plan will provide 5.16 acres of additional open space.

10.    The overall density of the subdivision has been reduced from 1.40 dwelling units per acre to 1.37 dwelling units per acre.  The maximum density allowed is 2.5 dwelling units per acre.

11.    The revised plan proposes dedicating to the Town of Cary a public conservation easement over the northern-most 10.33 acres of the subdivision.  This easement will protect from future development a portion of the adjoining White Oak Creek area.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

Land Use Plan:  The revised plan conforms to the adopted Southwest Area Plan Land Use designation of Conservation Residential Low Density (LCR).  The Southwest Area Plan designation permits up to one dwelling unit per acre as a base density, or a maximum of 2.5 dwelling units per acre for developments achieving the density bonus criteria of the Conservation Residential Overlay District, as outlined in Section 4.4.3 of the Land Development Ordinance (LDO).  The plans propose a maximum of 1.37 dwelling units per acre.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE

A.  Transportation:
The developer is proposing to widen Roberts Road to one half of an ultimate 3 lane section with curb and gutter and sidewalk, as required by Cary’s Comprehensive Transportation Plan.

B.  Parks & Greenways:

A recreation payment-in-lieu will be required for the subdivided residential units, in accordance with the Town’s Land Development Ordinance.  The developer has agreed to construct an 8’ wide private asphalt trail along a portion of the western property line, which will ultimately connect to the White Oak Creek Greenway.  A conservation easement will be dedicated to the Town over the undeveloped acreage adjacent to White Oak Creek (approximately 10 acres).

C.  Environmental:

If developed as a Low Impact Development (LID), the project would utilize LID planning techniques and conventional stormwater management practices to achieve runoff on the site to more closely replicate pre-development runoff characteristics.  LID practices encourage developments to permit stormwater runoff to infiltrate, evaporate, and retain stormwater to better mimic the natural and unique hydrology of the site, thereby limiting an increase in pollutant loads caused by development.  As required, the revised plan utilizes an appropriate combination of conventional stormwater management methods and LID devices to meet the goals and objectives of the Conservation Residential Overlay District.

D.  Buffers:  According to footnote (2) of LDO Table 7.2.1, the applicant is required to provide 20’ wide landscape easements around the perimeter of the subdivision.  Because the subdivision is surrounded by existing single-family lots, buffers that would normally function as common area are not required.  However, the landscape easements are required to be planted to a semi-opaque standard.

E.  Streetscape:  According to LDO Section 7.2.4(C)(2), the applicant is required to provide a 50’ wide streetscape supplemented to create an opaque buffer along Roberts Road.  In addition to the 50’ wide streetscape, additional open space is shown on the plan resulting in an actual dwelling setback of approximately 95’ from Roberts Road. The additional open space would be utilized, in part, to achieve additional density in the overall development and to reduce visibility of the development from Roberts Road.

F.   Design Standards:  Table 4.4.3 (LDO), Density Bonus Option, outlines key standards required to achieve densities exceeding one dwelling unit per acre (1 du/ac.) and a minimum lot size of 10,000 square feet.  These standards include:  required roadway setback greater than 50 feet for collectors and thoroughfares; required use of Low Impact Development (LID) site planning and techniques and the use of LID stormwater management techniques; required preservation of contributing structures within the Green Level National Register Historic District (if applicable); and required preservation of upland forest (if applicable).

In addition, the Southwest Area Plan Guiding Principles include preservation of rural character.  The Conservation Residential Overlay regulations state that in order to obtain additional density beyond one lot per acre, the requirements of LDO Section 7.3, Stormwater Management, shall be achieved utilizing Low Intensity Development (LID) site planning and techniques or utilizing a combination of LID and conventional storm water management practices.  The goal of LID is to develop site design techniques, strategies, and BMP’s that will store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre-development runoff characteristics and to better mimic the natural and unique hydrology of the site, thereby limiting the increase in pollutant loads caused by development.

OTHER REFERENCE INFORMATION

Schools

School information is being provided for review; however, the Wake County
Board of Education controls capital projects for school capacities.

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

* The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. For example a site with 134 two-bedroom units could yield 27 additional students, while 134 three bedroom units could yield 100 students.  The basis for making this calculation is based on multipliers provided by the Wake County Schools’ Office of Student Assignment.  At Rezoning, student yield can not be accurately determined due to unknown variables.

Staff Recommendation:

Staff recommends approval of the revised plan.  The revised plan complies with all current LDO requirements including the Conservation Residential Overlay density bonus criteria, and is consistent with the Guiding Principles of the Southwest Area Plan.  The revised plan:

    maintains the rural appearance of the surrounding community by using grassed swales instead of curb & gutter along proposed roadways, and by supplementing existing forest area along Roberts Road to form an opaque screen;

    further reduces the amount of impervious surface area within the development;

    preserves additional undeveloped native forest area;

    utilizes an appropriate combination of LID stormwater devices, including grassed swales and conventional stormwater drainage design;

    provides additional open space along Roberts Road;

    uses a pedestrian system of greenways and pedestrian trails instead of traditional concrete sidewalk; and

    provides additional landscaping on the lots and along the proposed roadways and by restricting the amount of clearing that could occur on each lot.

MEETING SCHEDULE

Planning & Zoning Board Action:

Date:  October 15, 2007

Action:  The Planning Board unanimously recommended approval of the plan as submitted.

Town Council Action:

Date:  November 8, 2007

ACTION: Mrs. Robison moved to approve the consent agenda, with the exception of item B.3.j., extending benefits to post term council members. Mr. Portman provided the second, and council granted unanimous approval.

_________________________

c.   MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment
Location: West side of Walnut Street south of Centrum at Crossroads
Current zoning: Residential-40 (R-40) in the Swift Creek Overlay District
Request: Amend MUSP to add Office/Warehouse uses
Acreage: 2.79 ±
Presenter: Ms. Jennifer Currin
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: council may take action; the valid protest petition was withrawn, so simple majority vote is required

Town of Cary, North Carolina

Mixed Use Sketch Plan Staff Report to Town Council

07-MU-02 Tryon Village Mixed Use Sketch Plan Amendment

Request

The applicant is requesting Council approve an amendment to a previously approved mixed use sketch plan to allow office and retail with office/indoor storage uses on approximately 2.79 acres (subject site) located on the west side of Walnut Street, east of the Tryon Village Apartments, and south of the Centrum at Crossroads shopping center and within the Swift Creek Mixed Use Overlay District.

The purpose of the Mixed Use Overlay District is to enable the development of lands in areas designated as mixed use centers on the Land Use Plan Map in accordance with the guidance of Comprehensive Plan and individual mixed use sketch plans. It is intended to promote higher-density, mixed-use developments of varying sizes, as an alternative to lower-density separate-use suburban sprawl-type development.

Mixed use sketch plans are conceptual documents that address the general density, mix of uses, and development patterns within a mixed use center. They are less detailed than the site plans required for full site plan review. The intent is to provide sufficient information to determine consistency with the Comprehensive Plan and the Town’s Design Guidelines. Specific development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site plan is submitted. 

The mixed use sketch plan information is attached to and incorporated in these minutes as Exhibit.

Background Information

Consistency with the Comprehensive Plan

A. Land Use Plan:  This request conforms with the adopted Land Use Plan.  The current land use designation is Mixed Use (MXD); the proposed Office/Warehouse and Retail uses fit are consistent with uses permitted under the Mixed Use designation.  The subject parcels are part of the Swift Creek Community Mixed Use Center which currently includes a mix of Commercial (COM), Office/Institutional (OFC/INS), Churches, Medium Density Residential (MDR), and High Density Residential (HDR).

B. Transportation

 

Tryon Road

Existing Section:  4 Lane median divided

Future Section:  6 Lane median divided

Road Improvements:  N/A

Sidewalks Requirements: Both sides

Bicycle Requirements: Wide outside lanes

Transit Requirements:  None

Walnut Street

Existing Section:  6 Lane median divided

Future Section:  6 Lane median divided

Road Improvements:  N/A

Sidewalks Requirements: Both sides

Bicycle Requirements: Wide outside lanes

Transit Requirements:  The reservation of a 7’ x 17’ transit pad with a Town standard bench is required.

Traffic Analysis:  No Traffic Impact Analysis (TIA) is required for this proposed change.  The traffic analysis for Tryon Village is still valid.

C.  Parks & Greenways: 
According to the approved Parks, Recreation and Cultural Resources Facilities Plan there are no issues related to this site.  According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:   According to the Town of Cary GIS maps, there are no stream buffers currently impacting the subject site. Should a field determination identify a stream buffer, the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “C” Buffer along