The table below depicts the maximum number of units that could be developed under the proposed land use designations.  The actual number of units that can be built is likely to be less and would be affected by environmental constraints, the street and road network, zoning and the applicant’s wishes among other factors.  

B.  Transportation:  No requested changes to the Comprehensive Transportation Plan.  The Plan calls for:

·         Adjacent/nearby roadways on our Transportation Plan:  Morrisville Parkway & Highcroft Collector Rd.

·         Existing Roadway Section: Morrisville Pkwy. And Highcroft Collector are not currently constructed

·         Future Roadway Section: Morrisville Pkwy. Will be a 4-lane median divided road, the Highcroft Collector is a collector avenue with two cross-sections available

·         Sidewalk Requirements: required on both sides

·         Bicycle Requirements: wide outside lanes are required on Morrisville Pkwy., the Highcroft collector will need either wide outside lanes or a striped bike lane per the collector aveue policy

·         Transit Requirements: Reserve right-of-way for bus stop off Morrisville Parkway  

C.  Parks & Greenways: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the Southwest Area Plan, and the Northwest Cary Area Plan, there are no requested changes to the plan.  However, the following park and greenway facilities are designated within the plan:  

·         The proposed Green Hope Greenway is proposed along the eastern buffer of R-1 and R-2.

·         A multi-use trail is proposed along the north side of the proposed Morrisville Parkway extension.

·         A multi-use trail is proposed along the west side of Highcroft Drive extension.

·         8’ wide paved private connection(s) will be required to any public greenway from adjacent cul-de-sacs. 

·         Private paved greenways are proposed within R-2 as a replacement for sidewalks per the Southwest Plan.  Greenways Map

3.  Feedback at Town Council Public Hearing:  

The applicant concurred with the staff presentation.  One citizen noted a difference in stream buffers shown on the existing land use map and the proposed land use map.  The applicant indicated that the proposed land use map benefited from additional environmental studies of the property which more accurately depicted the streams.  A Twyla Road resident noted the rapidly changing conditions in the area and requested that the Town take a bigger picture view and change the land use designations of properties along Twyla Road as well.  These properties lie between the Fryar property and the proposed Interstate 540.  Councilor Joyce inquired about the proposed dividing line between Low Density Residential (LDR) and Medium Density Residential (MDR).  The dividing line is the proposed Morrisville Parkway .  Councilor Joyce stated his preference that the dividing line between the LDR and MDR move further south so that more of the property would be low density residential.

4.  Staff Observation on Plan Amendment:  

A.  Comprehensive Plan History for the Parcel: 

The Land Use Plan designations for this property date from the development of the Northwest Area Plan (adopted 9/12/02 ) and the Southwest Area Plan (adopted 8/12/04 ).  Interestingly, the portion of the property lying within the Northwest Plan, which generally advocates for higher density, is currently designated Very Low Density Residential.  The portion lying within the Southwest Area Plan, a low density plan, is designated Medium Density Residential.  Both area plans contain notes regarding properties in the vicinity of the subject parcels which indicate that the land use designations should be reexamined in the future associated with the construction of the Western Wake Freeway (I-540).  

Based on a request from the Twyla Road residents, staff had intended to reexamine the land uses in this area as part of an update to the Town-wide Land Use Plan which is scheduled to begin in FY2007.  The Twyla Road properties lie between the subject property and the future interchange of I-540 and Morrisville Parkway .   

B.  Impact and Effect of the Request: 

The amendment request is to change the Land Use Plan designation for the subject property from “Very Low Density Residential (VLDR), Medium Density Residential (MDR) and Mixed Use, to Low Density Residential (LDR), Medium Density Residential (MDR), and Commercial (COM).   The largest portion of the property, or 65 acres of the total 94 acres is designated MDR and will remain unchanged.  The net effect of changing the northern portion of the property from VLDR to LDR on the maximum potential number of residential units is less than 50 units.  This represents a net increase of 0.53 units per acre over that currently allowed on the subject property.  

C.  Evaluation of the Requested Amendment and Staff Recommendation: 

Comprehensive Plan amendments should be evaluated on whether the amendment is necessary to address changing conditions, needs, opportunities, policies or principles from those considered by the existing Comprehensive Plan. Staff’s analysis of the degree to which the proposed amendment is compatible with changing conditions and pertinent policies and objectives of the Comprehensive Plan is addressed below:  

·         Both the Northwest and Southwest Area Plans anticipated that land use designations within the immediate vicinity of the subject property were likely to change as the construction of I-540 draws closer. These changes are likely to move towards higher densities.

·         Existing or approved developments, including Highcroft to the south and east, the Alston Center to the north and Gable Farms development to the west have already established a pattern of higher density developments in this area. 

·         Chapter Six of the Town-wide Land Use Plan indicates that “residential densities should transition gradually between high, medium, and low density.”  The applicant’s requested transition of low density to medium density provides a better transition than the current designations of very low density residential to medium density residential.

·         The addition of the commercial land uses is also consistent with the Comprehensive Plan which suggests that appropriately sized and spaced non-residential uses be placed in close proximity to residential uses as a means to improve convenience to the residents and to reduce the number and length of trips.  The commercial area is proposed to be located at the future intersection of Morrisville Parkway and the Highcroft connector where it should be served adequately by the proposed transportation network.

·         The net increase in the maximum number of residential units that can be constructed under the requested amendment is less than 50 units which is minimal considering the parcel size of 94 acres.  

Based on the above evaluation of the request, staff recommends approval.  

5.  Planning and Zoning Board Recommendation (May 15, 2006)  

The Planning and Zoning Board recommends approval of the request to amend the Town of Cary Comprehensive Plan for the following reasons:     

a)      The requested amendment is consistent with the Northwest and Southwest Area Plans which anticipated changing land uses in this area as a result of its close proximity to I-540.

b)      The requested amendment is consistent with the Comprehensive Plan’s policies and objectives regarding the gradual transition between residential densities and the location of commercial or non-residential uses nearby.

c)      Other existing or approved developments in the area have established a pattern of higher densities and the requested amendment will have minimal impact on the permitted densities in the area.    

One member voted against the request for the reasons that the proposed commercial area was too small and inappropriate in this location and that the Town should take a more comprehensive look at the entire area. (Vote 6-1)

Changes Since The Planning And Zoning Board Meeting: No changes  

6.  Town Council Motion Options:  (Ordinances are at the end of this report) 

06-CPA-02 Fryar Property CPA
TO ADOPT
 
(To Amend Comprehensive Plan)

To adopt the ordinance amending the Town of Cary Comprehensive Plan by amending the Land Use Plan as set forth in associated document and map dated June 22, 2006 as referenced in the Ordinance.  This action is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[Vote] 

TO DENY
 
(Required Council Statement for rejecting any zoning amendment)
 

To deny the ordinance amending the Town of Cary Comprehensive Plan as this proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

Vote]

7.  Reference Information  

Meeting Schedule: 

Town Council Public Hearing

Date:  March 9, 2006

Action:  The Council forwarded the request to the May 15, 2006 Planning and Zoning Board meeting.  

Planning & Zoning Board:

Date:  May 15, 2006

Action:  The Planning and Zoning Board recommends approval of the request (Vote: 6-1)  

Town Council Action:

Date:  June 22, 2006

Recommendation:  Planning staff recommends approval of the request.  

Applicant’s Justification Statement:  January 30, 2006 (Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary )    

The Fryar PDD is a 94 acre planned community that combines a mix of low density and medium density residential uses, a small commercial area and common open space.  A variety of streams and ponds and their associated buffers along with a future greenway trail and private open space opportunities that are protected and incorporated into final site designs.  The plan represents an attempt to achieve balance among the current SW and NW Area Plan concepts that make up most of the site as well as acknowledge the influences of I-540 just to the west in the addition of a small commercial site along the Morrisville Parkway Extension.  

Development Plan Issues 

The purpose of a comprehensive plan amendment is to evaluate the appropriateness of this land use for these parcels 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 spelled out in the Land Development Ordinance (LDO) when a site or subdivision plan is submitted is submitted for the development of these parcels.  All such requirements can be found at http:vic.townofcary.org.  

8.  Ordinances for Consideration:

Land Use Plan Amendment 06-CPA-02  

An Ordinance to Amend the Comprehensive Plan of the Town of Cary to Change the Approximately 94.68 Acres Located at Green Hope School Road and Fryars Frontier Trail from “Very Low Density Residential (VLDR), Medium Density Residential (MDR) and Mixed Use, to Low Density Residential (LDR), Medium Density Residential (MDR), and Commercial (COM).    

Be It Ordained by the Town Council of the Town of Cary:  

Section 1:  The Comprehensive Plan of the Town of Cary is hereby amended by changing the area shown below from “Very Low Density Residential (VLDR), Medium Density Residential (MDR) and Mixed Use, to Low Density Residential (LDR), Medium Density Residential (MDR), and Commercial (COM).    

Section 2:  This ordinance shall be effective on the date of adoption.

(Signed)