06-CPA-04 Phillips Place Comprehensive Plan Amendment
Staff Report to Town Council

1.  Background Information  

Current Comprehensive Plan Designation:  Office (OFC) and Medium Density Residential (MDR) Land use map
Requested Comprehensive Plan Designation:  Medium Density Residential (MDR)

Acreage:  Approximately 77.64           

Location:  6701 Good Hope Church Road and adjacent properties Vicinity map   

Applicant:   
Name Glenda Toppe
Jerry Turner and Associates, Inc
905 Jones Franklin Road
Raleigh, NC 27606   
(919) 851-7150 
gtoppe@jerryturnerassoc.com  

Town of Cary Case Manager:   
Greg Barnes, Planner II
316 N. Academy Street, Cary, NC 27513
(919) 469-4067
greg.barnes@townofcary.org 

2.  Summary of Requested Comprehensive Plan Amendment    

A.  Transportation           
Existing Roadway Section: Louis Stephens Rd. 70’ ROW, unpaved 

Future Roadway Section: 
Louis Stephens Rd. 4-lane median divided
McCrimmon Pkwy. 4-lane median divided

Schedule: Not scheduled
Sidewalk Requirements: Required on both sides of both roads
Bicycle Requirements: 14’ wide outside lanes required on both roads
Transit Requirements: Bus shelter or pull-out required

B.  Parks & Greenways
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project:

• The proposed Kitt Creek Greenway is along the stream buffer

• A park site is needed in this area of town

Greenways map  

3.  Feedback at Town Council Public Hearing: 

Mr. Jerry Turner, representing the applicant, mentioned that the proposed Comprehensive Plan Amendment represents a change that is compatible with the current development trends in the area, and proposes uses that are less intense than the land uses now planned for this property.  Mr. Turner stated that a neighborhood meeting with the property owners had been conducted and most of the large property owners were represented (as well as a representative from the Breckenridge subdivision.)  Mr. Turner mentioned that the main concern from residents was in relation to the alignment of roads in the area. He also mentioned that there were no concerns regarding the land use.  A citizen asked for clarification of the future McCrimmon Parkway location in regard to the Phillips Place area, which was provided by staff. 

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 09/12/2002).  The proposed change would be compatible with the residential uses that are located to the north, east and south.  To the west of the property is the CSX Railroad line, and adjacent properties that are designated for Office use.  

B. Impact and Effect of the Request:

The amendment request is to change the current land use designation of the property from a mix of Park land, Office and Institutional, and Medium-Density Residential to only Medium-density residential and Parks.  The proposed changes would eliminate the Office and Institutional portions altogether.  These changes would be compatible with residential land use trends occurring east of the CSX Railroad line. 

C. Evaluation of the Requested Amendment:

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 believes the proposed amendment is compatible with changing conditions and pertinent policies and objectives of the Comprehensive Plan and recommends approval for the following reasons:

• The proposed changes are compatible with the designations of adjacent properties

• The proposed amendment would be compatible with Town goals of locating more residential within a short commute distance of Research Triangle Park

5.  Planning and Zoning Board Recommendation (June 19, 2006) 

The Planning and Zoning Board unanimously recommends approval of the request to amend the Town of Cary Comprehensive Plan for reasons consistent with the staff’s evaluation.   (Vote 10-0) 

Changes since the Planning and Zoning Board Meeting: No changes

6. Town Council Motion Options:

MOTION TO ADOPT COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE TOWN OF CARY TO CHANGE THE DESIGNATION OF APPROXIMATELY 78 ACRES LOCATED EAST OF THE CSX RAILROAD, NORTH OF mCRIMMON pARKWAY (EXTENDED), AND WEST OF LOUIS STEPHENS ROAD  FROM Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR).

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 future land use designation for properties identified below from Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR):

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

[Vote] 

MOTION TO DENY COMPREHENSIVE PLAN AMENDMENT

This proposed amendment (06-CPA-04: Phillips Place Comprehensive Plan Amendment) to change the future land use designation for this property(ies) from Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR) has been evaluated by staff and the Planning & Zoning Board, cannot be supported because ________________ , and is hereby denied.

[Vote]

7.  Reference Information

Meeting Schedule: 
Town Council Public Hearing
Date:  April 27, 2006
Action:  Forwarded to the June 19, 2006 Planning and Zoning Board meeting   

Planning & Zoning Board
Date:  June 19, 2006
Action:  Forwarded to the July 27, 2006 Town Council meeting for action.

Town Council Action 
Date:  July 27, 2006    

Applicant’s Justification Statement Submitted February 27, 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) 

• Any issues with the size of the tract?  The size of the tract is conducive to the land uses being proposed. 
• How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  The proposed Comprehensive Plan amendment represents a compatible change to the adopted Comprehensive Plan given the current development patterns in the area.  With the change, the use will be consistent.    
• What are the benefits and detriments to the owner, neighbors and the community?  The proposed Comprehensive Plan amendment proposes uses that are less intense than the current designation of Office.  Because office is no longer being proposed, a traffic study was not required due to this request being a down zoning.  The proposed amendment is compatible with the neighboring properties.  The regulations in the Town’s LDO will provide adequate protection to the adjacent properties.
• How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?  Since the adoption of the current Comprehensive Plan, circumstances have changed in the area of the proposed amendment.  The predominant land use is residential.  This proposal is compatible with the current development in the area.