Town of Cary, North Carolina
Staff Report to the Town Council
07-CPA-01 Evans Estates Phase II

Request

The applicant is requesting Council approve an amendment to the Land Use Map of the Comprehensive Plan for the Town of Cary to change the land use designation of approximately 17.87 acres located at 110, 120, and 160 Anita Way from Medium Density Residential (MDR) 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 rezoning 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.  All such requirements can be found at http:vic.townofcary.org.

Background Information

Subject Parcels

Applicable Comprehensive Plan Requirements:

A. Land Use Plan:  This case proposes to modify the existing Land Use Plan designation.

B. Transportation
Road 1:  Anita Way
Existing Section:  2-lane residential, 50’ Right of Way (ROW)
Future Section:  2-lane residential, 50’ ROW
Road Improvements:  None scheduled

C.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a recreation payment-in-lieu will be required for any subdivided residential lots in accordance with the Town’s Land Development Ordinance.  Provision of a connection to the Black Creek Greenway is also recommended. 

D.  Open Space and Historic Resources: 
The Open Space and Historic Resources Plan does not identify any historic resources on this site.  The Open Space Plan identifies portions of the three properties as having some significant natural resources, which were included in the Town-wide inventory of priority open space.  These identified natural resource areas include the stream buffers for Black Creek for all three of the subject parcels.  The northern section of the northernmost parcel (PIN #0764290673) includes additional areas of significant resources, primarily limited to sections of mixed hardwood forest, outside of and adjacent to the stream buffers for the tributaries of Black Creek.   

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

• Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
• 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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
• Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

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 typically – though not always – less affordable than higher density residential development.

F.  Growth Management: 
Guiding Principal L1 from the Growth Management Plan is relevant to this case, since it concerns the desired location of future growth:

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

The subject parcels are certainly located within an infill area where urban services are already readily available. 

Council Public Hearing March 8, 2007  

A.  Public Hearing Comments

During the March 8, 2007 Town Council Public Hearing, this case and the associated rezoning case, 07-REZ-01, were combined for the purpose of public hearing comments.  Following is a summary of citizen comments from the Town Council Public Hearing related to the Comprehensive Plan Amendment request.  Comments related to the associated rezoning will be included that with that case’s staff reports.

§      Five citizens expressed support of the proposal.

§      One citizen expressed concern about the increase in traffic and the timing of the Evans Road widening.  She hoped the construction on this land can be delayed until construction traffic can enter off of the widened Evans Road.

§      The president of the Evans Estates homeowners’ association stated there are fifty-two homeowners.  Twenty-two homeowners responded to a survey they circulated.  Twenty were in favor of the request and two were opposed. For those in favor, the homeowners often expressed some of the concerns previously mentioned during this Public Hearing.  These concerns will be detailed with the rezoning case impact statements.

B.  Town Council Questions and Comments

Town Council comments were related to details associated with the rezoning and not with the broad land use request of this comprehensive plan amendment.

C.  Changes Since the Public Hearing

There were no changes made to the case between the Town Council Public Hearing on March 8, 2007 and the Planning and Zoning Board Meeting on May 21, 2007.

Planning and Zoning Board Meeting May 21, 2007

A.  Public Hearing Comments

No one came forward to speak at the public hearing.

B.  Planning and Zoning Board Actions and Analysis

A motion was presented that the Planning and Zoning Board recommend Town Council amend the Comprehensive Plan Use designation from Medium Density Residential (MDR) to Low Density Residential (LDR).  Following is a summary of Planning and Zoning Board comments from the Planning and Zoning Board Public Hearing:

• Mr. Nath questioned what the Board’s criteria were for approving the Comprehensive Plan Amendment. 
• Ms. Wayman and Mr. Brooks indicated that they preferred the property be amended from Medium Density Residential (MDR) to Low Density Residential to Medium Density Residential (LDR to MDR) because it provided a better transition and offered flexibility to the applicant.

The Board voted 6-2 with Ms. Wayman and Chairman Mr. Brooks dissenting.

C.  Changes Since the Planning and Zoning Board Meeting

There have been no changes to this case since the Planning and Zoning Board Meeting on May 21, 2007 .

Staff Analysis and Recommendation

The applicant has requested changing the land use plan designation from Medium Density Residential (MDR) to Low Density Residential (LDR).  Staff recommends instead changing the land use plan designation from Medium Density Residential (MDR) to “Low Density Residential to Medium Density Residential” (“LDR to MDR”).  This would provide a more appropriate transition in the land use plan.  The three subject parcels are adjacent to mostly High Density Residential (HDR) to the north and east and Medium Density Residential (MDR) to the west and south.  The “Low Density Residential to Medium Density Residential” (“LDR to MDR”) designation would also provide the applicant some flexibility in planning Evans Estates Phase II.

Staff recommends the land use plan designation be changed from Medium Density Residential (MDR) to “Low Density Residential to Medium Density Residential” (“LDR to MDR”).  The applicant supports Staff’s recommendation.  

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;

Analysis:  No changes have been identified.

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

Analysis:  The applicant desires development options that may be at a lower density than the current Medium Density Residential (MDR) Land Use Plan designation.

• 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

Analysis:  No changes have occurred.

• Identification of errors or omissions in the Comprehensive Plan.

Analysis:  No errors have been identified.

Town Council Motion Options:

Approval Motion:

I move that we amend the Land Use Plan Map as proposed.

Approval Motion with Modifications:

I move that we amend the Land Use Plan Map with the modifications suggested by staff/P&Z/Council.

Denial Motion: