Town of Cary, North Carolina

Comprehensive Plan Amendment Data Sheet

07-CPA-10 Oxxford Hunt

Request

The applicant is requesting Council approve an amendment to the Land Use Plan, an element of the Town’s Comprehensive Plan. The request is to change the land use designation of the approximately 2.57 acres located at Oceana Place and West Chatham Street from Office/Institutional (OFC/INS) to Medium Density Residential (MDR). 

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 comprehensive plan amendment 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 or Area Plan Requirements:

A. Land Use Plan: 
The adopted town-wide Land Use Plan designates the parcel as Office/Institutional (OFC/INS), reflecting the uses from the Oxxford Hunt PDD in 1996.   

B. Comprehensive Transportation Plan
Road 1:  W. Chatham St.

Existing Section:  approx. 80’ ROW, 2-lane road w/ landscaped median

Future Section:  approx. 86’ ROW, 2-lane w/ landscaped median and wide outside lanes

Road Improvements:  N/A

C. Parks & Greenways Facilities Master Plan:  Greenways Map

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site.  A payment in lieu of park land dedication may be required for residential development, in accordance with the Town’s Land Development Ordinance.

D. Open Space and Historic Resources Plan:  Based on the Open Space and Historic Resources Plan (OSHRP) this site was designated as significant open space given the mixed hardwoods and conifers on site, and proximity to riparian buffers.  At the level of a Comprehensive Plan Amendment, it is difficult to ascertain whether or not future development will occur in a manner that protects some measure of those resources.  Greater clarity may be possible at the time of a rezoning.

No historic resources have been identified.

E.  Growth Management Plan: 
The Growth Management Plan includes the following Guiding Principles which are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

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;

Staff Comment:  There have been no changes in this regard.

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

Staff Comment:  No new issues have been identified.

• 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

Staff Comment:  There have been no changes in this regard.

• Identification of errors or omissions in the Comprehensive Plan.

Staff Comment:  No errors or omissions have been identified.

Applicant’s Justification Statement Submitted September 28, 2007

Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in the application form.   (The application questions are repeated below.)  Please note that the statements below are those of the applicant and do 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?

            Response:  There is a similar development adjacent to the proposed land use plan amendment.

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? 

Response:  The proposed use is compatible with existing development in the area.  The parcel is not located within a Mixed Use Overlay District.  This proposed amendment does not jeopardize the intent of the Comprehensive Plan.

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? 

            Response:  Given development patterns in the area, the proposed CPA is appropriate.

4.  Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan? 

            Response:  The proposed CPA fits in with the general character of the area.