06-CPA-10 Modern Woodmen of America Comprehensive Plan Amendment Staff Report to Town Council

1.  BACKGROUND INFORMATION  

Current Comprehensive Plan Designation:  Current land use map
High Density Residential (HDR)

Requested Comprehensive Plan Designation:  Proposed land use map
Office and Institutional (OFC/INS)  

Note:  The applicants’ request was amended to “Office and Institutional or Medium-to-High Density Residential (OFC/INS or MDR-to-HDR)” on February 26, 2007 , following Planning Board action on February 19, to conform to the Board’s recommendation.

Acreage:  1.22 ±  

Location:  Vicinity map
2009, 2011, and 2013 Piney Plains Road, Cary, NC  27518
(Note:  The applicant is only requesting the CPA for 2011 and 2013 Piney Plains Road.   The Town owns the property at 2009 Piney Plains Road.)   

Applicant (for 2011 and 2013 Piney Plains Road ):
Doug Polk
Modern Woodmen of America (MWA)
405 Oakridge Road
Cary , NC 27511
(919) 467-5444
dpolkmwa@earthlink.net  

Applicant’s Contact:
Tom Wells
Doug Polk Agency of MWA
312 Hunters Crossing
Cary, NC 27518
(919) 233-8298
tawells@bellsouth.net  

Applicant (for 2009 Piney Plains Road):
Town of Cary  

Town of Cary Contact and Case Manager:
Scott Ramage, Principal Planner
316 N Academy Street
Cary, NC 27513
(919) 462-3882
scott.ramage@townofcary.org  

2.  SUMMARY OF REQUESTED COMPREHENSIVE PLAN AMENDMENT  

A.  Land Use Plan and Area Plans

Current Plan Recommendations:  The Southeast Area Plan (adopted 2004) is the governing element of the Comprehensive Plan for the subject properties.  The Southeast Area Plan recommends that the subject parcels – along with most of the other nearby existing single family lots on the east side of Piney Plains Road, south of the Dellinger PDD – be developed or redeveloped as High Density Residential (HDR).  High Density Residential includes multifamily and attached housing at densities of about 8 dwellings or more per acre. 

Proposed Plan Amendments:  The applicants request that the future land use designation for the two single family lots at 2011 and 2013 Piney Plains Road be amended from High Density Residential to Office/Institutional.  The Town-owned single family lot at 2009 Piney Plains Road is “sandwiched” between the applicant’s parcels and an Office & Institutional pod of the Dellinger PDD.  Hence, staff recommends that this parcel also be amended from HDR to Office/Institutional if the applicant’s amendment request is approved.  This would prevent 2009 Piney Plains from remaining as an “island” of HDR, squeezed between Office/Institutional parcels.

B.  Comprehensive Transportation Plan

Current Plan Recommendations:

Piney Plains Road:
Existing & Future Roadway Section:  5 lanes, 90’ Right-of-way (ROW) - complete

Sidewalk Requirements:  Exists on both sides

Bicycle Requirements:  Construction complete

Transit Requirements:  Transit stop not required

Proposed Transportation Plan Amendments:  No requested changes  

C.  Parks, Recreation, and Cultural Resources Master Plan  Greenways and Trails map

Current Plan Recommendations:  The subject parcels are not affected by any elements of the Master Plan. 

Proposed Parks Plan Amendments:  No requested changes  

D.  Other Comprehensive Plan Volumes
No requested changes

3.  REFERENCE INFORMATION  

A.  Meeting Schedule:

Town Council Public Hearing

Date:  December 14, 2006

Action:  Forwarded to the February 19 P&Z Board meeting  

Planning & Zoning Board:

Date:  February 19, 2007

Action: The Board recommended approval 8-0 of the Comprehensive Plan Amendment, but with the staff-proposed modification to include “Medium-to-High Density Residential” as well as the requested “Office/Institutional” use as the recommended uses for the parcels. 

Town Council Action

Date:  March 8, 2007

Action:  Approved

B.  Parcel and Owner Information  

 C.  Applicant’s Justification Statement Submitted September 26, 2006

Provided below are the applicant’s responses to the CPA Justification Questions contained in the application form.   (The application questions are repeated in boldface.)  Please note that the statements below are that of the applicant and does 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? 

“Initially, Piney Plains Road was a rural two-lane residential street with single family homes.  It is reasonable to assume that the existing single family homes will be redeveloped into uses compatible with the O/I zoning.  This amendment is warranted due to the widening of the roadway, the development of PDDs and other O/I zoning on Piney Plains Road.  The opportunity for change is ripe and present homes should be developed along the lines of the Walnut Street Transition Corridor.  As this transition gathers momentum, our O/I request and development will fit the transition.”  

4.  PUBLIC HEARING COMMENTS AND STAFF ANALYSIS

A. Feedback at the Public Hearing

Staff presented the case and the applicant concurred with the statements.  No one spoke in favor of or opposed to the request. 

B. Changes since the Public Hearings

There were no changes made to the case prior to the Planning Board action, however following the Planning Board meeting the applicants revised their requested Plan Amendment to conform with the recommendation of both staff and the Board, namely that the subject parcels be designated as “Office/Institutional or Medium-to-High Density Residential” in the Southeast Area Plan, rather than just as “Office/Institutional.”

C. Staff Analysis of the Amendment Request

As noted in 2.A., above, the Southeast Area Plan (2004) currently recommends the subject parcels for High Density Residential development.  This recommendation was based on several considerations during the course of Plan development in 2003-2004.  First, it was recognized that – over time – these single family lots along Piney Plains Road would tend to become untenable for continued use as low density single family.  This was due to impacts associated with the widening of Piney Plains Road, coupled with the anticipated impact of constructing the adjacent Lodge at Crossroads apartment complex. 

Second, it was felt that nonresidential uses should be avoided for these single family lots facing Piney Plains Road , in order to avoid an intrusion of nonresidential strip development into the existing residential character along this section of Piney Plains Road .

Third, it was thought that these lots, along with about six other nearby single family lots along the east side of Piney Plains Road, might have an opportunity to develop as high density housing in conjunction with The Lodge at Crossroads.  (The adjacent phase of The Lodge was in its early construction planning phases at that time.)   Alternatively, it was felt that the lots were also of ample size for small-scale townhome development, independent of The Lodge at Crossroads. 

Section 3.2.2(B) of the LDO 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;
• Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
• 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
• Identification of errors or omissions in the Comprehensive Plan.” 

In the case of the subject lots, the only new information since the SE Plan was adopted is that none of the single family lots along Piney Plains Road were ever incorporated into the final phase of The Lodge at Crossroads.  Townhome development of the lots is still viable.  

However, the new opportunity presented by the proposed Plan Amendment is that it might be possible to redevelop the subject parcels for office uses in a manner that retains a residential character that is compatible with the remaining homes along Piney Plains Road .  For example, small-scale office buildings of 1-2 stories, designed in a residentially-compatible style using pitched roofs, double-hung windows, brick and lap siding, and so forth, could enable such office uses to fit into the residential character of the street.

The subject parcels are also adjacent to a future office portion of the Dellinger PDD.  Thus, the requested office uses would be contiguous with other office uses.

Thus, a compatible transition along this section of Piney Plains Road could still be achieved by recommending that these single family lots be used either for Medium or High Density Residential, or for Office uses having a residential scale and appearance.  A Note could be added to Map 1: Future Land Use of the SE Area Plan to capture this recommendation.

Lastly, the requested amendment is supportive of the Town’s emerging goal of providing additional sites for employment-based economic development.

D. Staff Recommendation on the Comprehensive Plan Amendment

Staff feels that while the existing SE Area Plan designation for the subject parcels is still valid, the range of uses could be expanded to include both medium-density residential uses and office uses having a residential scale and appearance.  Such a designation would be compatible with the Cary Comprehensive Plan, and foster a compatible relationship with adjacent land uses. 

Therefore, staff recommends adoption of the requested amendment to the SE Area Plan, as recommended by the Planning and Zoning Board and as similarly revised by the applicants on February 26, 2007 .

Note that any future office development on the site should conform with the Comprehensive Plan’s policy that between adjacent properties having different uses,  there should be a gradual transition in development intensities, building scale, architecture, and site design.  Thus, any office rezoning for the subject site would ideally include conditions that ensure appropriate and compatible transitions.

E.  Planning and Zoning Board Recommendation   

At their February 19, 2007 , meeting, the Board recommended approval 8-0 of the Comprehensive Plan Amendment, but with the staff-proposed modification to include “Medium-to-High Density Residential” as well as the requested “Office/Institutional” use as the recommended uses for the parcels.  Don Frantz mentioned that in general he did not favor designating parcels for multiple uses on the Land Use Plan, and hoped there would be fewer such cases in the future.  The Board’s motion read as follows:

The Planning and Zoning Board recommends that Town Council adopt an ordinance amending the Comprehensive Plan as requested by the applicant, but with the staff-proposed modification to include “Medium-to-High Density Residential” as well as the requested “Office/Institutional” use as the recommended uses for the parcels.  The Board finds that this amendment is consistent with the spirit, intent, policies, and goals of the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable, for the reasons stated in the staff report and including the following:

·         The office land uses are adjacent to the office section of an adjacent PDD;

·         The requested amendment supports the economic development goals of the Town;

·         The requested amendment provides a reasonable transition to adjacent land uses.

F.  Town Council Motion Options:   

Approval Motion:  

MOTION TO ADOPT COMPREHENSIVE PLAN AMENDMENT

MOVE TO ADOPT AN ORDINANCE TO AMEND mAP 1 OF THE southeast area plan, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE TOWN OF CARY, TO CHANGE THE DESIGNATION OF APPROXIMATELY 1.22 ACRES LOCATED at 2009, 2011, and 2013 Piney plains road fROM “HIGH DENSITY RESIDENTIAL (HDR)” TO “OFFICE/INSTITUTIONAL OR MEDIUM-TO-HIGH DENSITY RESIDENTIAL (OFC/INS OR MDR-TO-HDR).”

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 “High Density Residential (HDR)” to “Office/Institutional or Medium-to-High Density Residential (OFC/INS or MDR-to-HDR)” on the Southeast Area Plan, Map #1.  

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

[Vote]

Denial Motion:

MOTION TO DENY COMPREHENSIVE PLAN AMENDMENT

This proposed amendment (06-CPA-10 Modern Woodmen of America Comprehensive Plan Amendment) to change the future land use designation for these properties from “High Density Residential (HDR)”  to “Office/Institutional or Medium-to-High Density Residential (OFC/INS or MDR-to-HDR)”  has been evaluated by staff and the Planning & Zoning Board, and cannot be supported because 

• The Comprehensive Plan’s current land use recommendations for the subject parcels are still viable;
• There have not been sufficient changes in conditions or assumptions so as to warrant the requested amendment;
• ___________________;

and is hereby denied.

[Vote]