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06-CPA-09 Serving Cup Comprehensive
Plan Amendment Staff Report Background Information Current
Comprehensive Plan Designation
Land Use map
Requested
Comprehensive Plan Designation Acreage Location
Vicinity map Applicant Applicant’s
Contact Person Town
of Cary Case Manager Reference
Information Planning
& Zoning Board: Town
Council Action:
Applicant’s
Justification Statement Submitted
July
31, 2006: 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? 1.1 Provision of affordable housing for employees of adjacent retail establishments and service establishments will be facilitated by the proposed change. Conditions and forecasts increasingly point out the shortage of affordable housing for lower income households. 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? 2.1 The need for affordable housing for persons whose incomes are limited by their disabilities has become apparent. The location of this parcel with access to shopping, employment opportunities and services is ideal for housing for disabled persons of limited income. The owner has secured funding for affordable housing from Federal, County and Local sources for an opportunity to create six apartment units for this special needs population. A zoning change is a “Reasonable Accommodation” that is mandated for consideration by the Fair Housing Amendments Act as an accommodation for developing housing for persons with disabilities. 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? 3.1
Creating
compact development that is pedestrian oriented in areas adjacent to
shopping and services results in decreased automobile/energy use,
conservation of natural areas and lowering of infrastructure costs.
The proposed rezoning recognizes the heightened awareness of these
issues. 3.2
Provision
of affordable housing in locations where access to shopping , services,
and employment are within walking distance has been adopted as policy and
objectives in the Consolidated Plan. The
provision of Community Development Block Grant (CDBG) funds to assist in
the development of proposed affordable housing on this parcel reflects
these changes in Town policies, objectives and standards. 4.
Describe
how the requested amendment is warranted due to errors or omissions in the
current Comprehensive Plan? 4.1 Omission of transitional multifamily use as part of Neighborhood Activity Center between single family subdivision and commercial shopping/services area did not recognize the unique position of the subject parcel and did not recognize the inappropriate designation of single family subdivision on parcel otherwise too small to be developed. Summary of Requested Comprehensive Plan Amendment A. Proposed Land Use The applicant is requesting that the future land use recommended by the Cary Land Use Plan be changed from “Low Density Residential (LDR) to Medium Density Residential (MDR). B. Transportation: No requested changes to the Comprehensive Transportation Plan. The Plan calls for: Green
Level West Road Future Roadway Section: 4 lane median divided Schedule:
N/A Sidewalk
Requirements: Both sides Bicycle
Requirements: Wide outside
lanes (WOL) Transit
Requirements: No transit
requirements C.
Parks & Greenways: Feedback at Town Council Public Hearing: Mr.
Joe Oliver, attorney for the applicant spoke both on the proposed
comprehensive plan amendment and the accompanying rezoning case
(06-REZ-22). Mr.
Oliver described the proposed project which is new rental housing for
persons with developmental disabilities, and conditions of the HUD grant
that will fund the project.
He pointed out that the land plan change would allow the housing to
be attached and result in larger buffers and fewer driveway cuts.
No
other persons spoke at the public hearing. Staff Observations on the Plan Amendment: A.
Comprehensive Plan History for the Parcel:
The Land Use Plan designation for this property dates from the development of the Southwest Area Plan (adopted 8/12/04). The 1.33 acre parcel lies between the Ashley Woods subdivision and the High House Crossing Shopping Center. B.
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’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: Land Use Considerations · Suitability for Development under its Current Land Use and Zoning – The property is small, fronts a thoroughfare and is in close proximity to a major intersection at NC Highway 55 and Green Level West/High House Road. Because of the small size of the parcel, its development under its current use (i.e. low density single family residential), would require multiple driveway connections to Green Level West Road. This may create a dangerous situation as these driveways may conflict with the traffic waiting at the intersection at NC 55. Additionally single family development would reduce the buffer requirements between this parcel and the Ashley Woods subdivision and would crowd an existing cemetery on the property. The medium density residential land use designation would allow for better utilization of the property by permitting residential units to be attached preserving more open space, buffers and existing tree canopy. It would further allow for more sensitive treatment of the existing cemetery. · Transition of Uses – Chapter Six of the Town-wide Land Use Plan indicates that “residential densities should transition gradually between high, medium, and low density.” Although small in size, medium density residential uses on this parcel together with the adjacent medical office, provide an appropriate transition of uses between the low density residential uses in Ashley Woods and the commercial uses at High House Crossing Shopping Center. Affordable Housing Considerations In reviewing this request the Town Council should consider the full range of potential housing types and densities up to eight units per acre allowed within Medium Density Residential land uses. However the applicant is a non-profit corporation which manages affordable housing for special needs person and has received a grant for the development of housing on this site. Therefore it is appropriate to take into consideration affordable housing policies as well. · The applicant has stated their intent to build housing for persons with developmental disabilities. According to Wake County there are over 14,000 persons with developmental disabilities living in Wake County indicating a strong need for this type of affordable housing. Both the Town Affordable Housing Plan and its Consolidated Housing and Community Development Plan contain goals supporting housing for persons with special needs. · This property is outside of the Maynard Loop and is consistent with a Town Council directive that new rental affordable housing be constructed outside of the Maynard Loop. · The property is well located adjacent to shopping and medical facilities and residents would have access to C-Tran services through the demand response system. · The applicant has already received approval of necessary funding to construct the project. The Comprehensive Plan Amendment is necessary to take advantage of this opportunity. Recommendation: Based on the reasons set forth above, staff feels the amendment is reasonable and recommends approval. Planning and Zoning Board Planning and Zoning Board Recommendation October 16, 2006: At the public hearing held before the Planning and Zoning Board on October 16, 2006, no one spoke regarding this amendment. Following a question from the Chair regarding the nature of the affordable housing to be provided, the Planning and Zoning Board voted unanimously to recommend approval of 06-CPA-09. Changes since the Planning and Zoning Board Meeting: There
have been no changes since the Planning and Zoning Board meeting of
October 16, 2006. 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 LAND USE PLAN MAP DESIGNATION OF APPROXIMATELY 1.33 ACRES LOCATED at GREEN LEVEL WEST ROAD (WEST AND SOUTH OF NC 55 HIGHWAY) FROM LOW DENSITY RESIDENTIAL (LDR) (1-3 UNITS PER ACRE) TO MEDIUM DENSITY RESIDENTIAL (MDR) (3-8 UNITS PER ACRE. 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 the properties identified below from “Low Density Residential (LDR) (1-3 units per acre) to Medium Density Residential (MDR) (3-8 units per acre) on the Land Use Plan Map.
Section
2.This ordinance shall be effective on the date of adoption. [Vote] MOTION
TO DENY COMPREHENSIVE PLAN AMENDMENT This proposed amendment (06-CPA-09 - Serving Cup Comprehensive Plan Amendment) to change the future land use designation for these properties from “Low Density Residential (LDR) (1-3 units per acre) to Medium Density Residential (MDR) (3-8 units per acre) and has been evaluated by staff and the Planning & Zoning Board, cannot be supported because ________________ , and is hereby denied. [Vote] Signed,
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