Town of Cary

Note: Staff recommends that Council take an uncommon, but allowable, action regarding this case, and refer the case back to the Planning and Zoning Board for reconsideration at their April 21, 2008, meeting. The reasons for this recommendation are given in this report under the headings “Changes Since the Planning and Zoning Board Meeting” and “Staff Recommendation.”

This is a request to amend Map 1, Future Land Use, of the Town’s Southeast Area Plan to change the land use recommendations for four properties located on the southeast quadrant of the intersection of Holly Springs and Jones Franklin Roads. Three amendments to Map 1 are requested:

1. Amend the text of Note #18 on Map 1 of the Southeast Area Plan as follows (proposed new text is underlined and text proposed for removal is in strikethrough):

Note 18: The area should include a mix of commercial and office/institutional uses. The area ~~3 lots~~ should be developed in a cohesive manner, designed so as to appear as an extension of the shopping center, drawing patrons towards the center. The area ~~3 lots~~ should tie directly into the shopping center’s parking lot and internal driveway. There should be minimum of 30,000 sq. ft. and a maximum of 60,000 sq. ft. of commercial space (retail, services, etc.). There should be a minimum of 15,000 sq. ft. and a maximum of 30,000 sq. ft. of office use. Uses that are destination-oriented high-traffic generators (e.g., a fast food with a drive-through) should be avoided, in order to keep overall traffic impacts within an acceptable range (as suggested by the traffic model).

2. Change the future land use designation of the southernmost property in the application (PIN 0772753218) from “Medium Density Residential (MDR) with a maximum of 6 units/acre” to “Mixed Use (MXD) with a maximum of 6 units/acre.”

3. Extend the geographic area covered by Note #18 so that it also covers the southernmost property in the application (PIN 0772753218).

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.

Applicants	Joe Thompson Paul Brewer Jerry Turner
Agent/Contact Person	Paul Brewer Higher Properties 2853-A Jones Franklin Rd. Raleigh, NC 27606 (919) 851-0901 paul@higherproperties.com
Acreage	14.25+/-
General Location Vicinity Map	Southeast corner of the intersection of Holly Springs Road and Jones Franklin Road, immediately west of Swift Creek Shopping Center.
Hearings / Meetings	*Town Council Public Hearing* Nov. 8, 2007	*Planning & Zoning Board Public Hearing* June 16, 2008	*Town Council Action* July 24, 2008
Existing Land Use Plan Designation Existing Land Use Map	The northern 4.26 acres are designated as Mixed Use, but subject to Plan Note #18 on the Southeast Area Plan. The southern 9.99 acres are designated as Medium Density Residential, with a maximum of 6 dwellings per acre.
Requested Land Use Plan Designation Proposed Land Use Map	Mixed Use for all four parcels, with a modification to Note #18 on the Southeast Area Plan, and Note #18 extended to cover all 4 parcels.
P&Z Recommendation	The Planning Board voted 5-1 to recommend denial the amendment request
Town of Cary Case Manager	Scott Ramage (919) 462-3888 e-mail: scott.ramage@townofcary.org

PARCEL & OWNER INFORMATION
Property Owner(s) and Parcel Addresses	County Parcel Numbers (10 digit)	Real Estate ID(s)	Deeded Acres
William Paul Brewer and Joseph M. Thompson 2915 Jones Franklin Rd Raleigh, NC 27606	0772752763	0079281	2.26
William Paul Brewer and Joseph M. Thompson 2915 Jones Franklin Rd Raleigh, NC 27606	0772752523	0159893	1.42
Jerry M. Turner and Joseph and Marijon Bufalini 2931 Jones Franklin Rd. Raleigh, NC 27606	0772659564	0094744	0.58
Joseph M. & Ella B. Thompson 0 Holly Springs Rd. Raleigh, NC 27606	0772753218	0164037	9.99
Total Acres			14.25

A. Land Use Plan:
The governing element of the Comprehensive Plan for the subject area is the Southeast Area Plan, adopted in September 2004. The SE Area Plan designates the northern three parcels in the application (PIN’s 0772752763, 0772752523, and 0772659564) – totaling 4.26 acres – as Mixed Use, but subject to Plan Note #18 on Map 1 – Future Land Use of the Southeast Area Plan. Note 18 is as follows:

Note 18: The area should include a mix of commercial and office/institutional uses. The 3 lots should be developed in a cohesive manner, designed so as to appear as an extension of the shopping center, drawing patrons towards the center. The 3 lots should tie directly into the shopping center’s parking lot and internal driveway. Uses that are destination-oriented high-traffic generators (e.g., a fast food with a drive-through) should be avoided, in order to keep overall traffic impacts within an acceptable range (as suggested by the traffic model).

The southernmost parcel of 9.99 acres (PIN 0772753218) is currently designated as Medium Density Residential, with a maximum of 6 dwellings per acre. The density cap reflects the density limits for this area recommended by the Swift Creek Land Management Plan and adopted into Cary’s Swift Creek Watershed Overlay Zoning District.

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a north-south greenway trail is proposed on the eastern part of this site, parallel to the north-south stream that bisects the southernmost parcel. A payment in lieu of park land dedication may be required for residential development, in accordance with the Town’s Land Development Ordinance.

According to the Open Space and Historic Resources Plan (OSHRP), the southern parcel of 9.99 acres (PIN 0772753218) was identified as having significant natural and open space resources, due to the riparian areas and mixed hardwood forest that covers the site. 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 or Mixed Use Sketch Plan submittal.

The Affordable Housing Plan includes the following goals and objectives, which could bear on the subject amendment request:

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

Analysis: Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity.

Analysis: The subject parcels are located within an area where urban services are readily available, and is located within the Swift Creek Community Activity Center, and about 1 mile from the core of the Crossroads Regional Activity Center and office park.

Analysis: As noted above under “D. Open Space and Historic Resources Plan,” the southern parcel of 9.99 acres (PIN 0772753218) was identified as having significant natural and open space resources, due to the riparian areas and mixed hardwood forest that covers the site. 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 or Mixed Use Sketch Plan submittal.

Analysis: The Southeast Area Plan, as adopted in 2004, recommended future land use densities and intensities that conform with and reflect the degree to which the Town has identified this is a preferred growth area. The land use pattern recommended by the Southeast Area Plan was balanced against 20-year roadway capacity in Southeast Cary, as determined by traffic modeling performed in conjunction with the plan. The SE Area Plan does not recommend any additional retail, nonresidential, or high traffic generators on the subject sites.

Mayor Pro Tem Smith expressed concern with changing of Note 18. He stated this area is close to a major intersection and there is currently a traffic problem in this vicinity. He stated he likes the idea of the traffic diversion into the shopping center, but he does not want a high traffic use in this location.

Mrs. Robison asked staff to describe the Area Plan history for the subject parcels. Mrs. Robinson also asked whether or not the amount of retail planned for during development of the Southeast Area Plan and its traffic model is already accounted for in this area. Responses to both questions are provided in the “Staff Analysis and Recommendation” section of this report, below.

The nature of the requested amendment to Note 18 on Map 1 Future Land Use, has changed since the November 8, 2007, Town Council public hearing. At the time of the Town Council public hearing, the applicants had requested the following changes to Note 18 (proposed new text is underlined and text proposed for removal is in strikethrough):

Note 18: The area should include a mix of commercial and office/institutional uses. The area ~~3 lots~~ should be developed in a cohesive manner, designed so as to appear as an extension of the shopping center, drawing patrons towards the center. The area ~~3 lots~~ should tie directly into the shopping center’s parking lot and internal driveway. Uses that are destination-oriented high-traffic generators (e.g., a fast food with a drive-through) should be avoided, in order to keep overall traffic impacts within an acceptable range (as suggested by the traffic model).

On January 7, 2008, the applicants submitted further revisions to the requested amendment to Note 18, adding the two sentences as underlined below:

The additional changes to Note 18 were proposed by the applicants in response to a suggestion from staff to clarify the mix of uses and magnitude of development.

No citizens came forward to speak at the Planning and Zoning Board Public Hearing. The applicants’ representative, Mr. Paul Brewer, on behalf of the owners of Swift Creek Shopping Center, stated that the shopping center needs revitalization to remain competitive with newer development in the area. He explained that by adding another anchor on Holly Springs Road it could turn the shopping center to have better frontage and access [along Holly Springs Road].

The Board voted 5-1 to recommend denial of this Plan Amendment request, as it was constituted at the time of their January 28 meeting.

Mr. Keith Fenn expressed concern about the amount of impervious surface that would impact the Swift Creek Watershed Overlay. Mr. Paul Brewer noted that, given the direction in which the meeting was going, he might like to table the project until such time as he could meet with staff and discuss options for revisions to the amendment request. Ms. Joy Wayman stated that she supported the idea for mixed use on the site as proposed by the applicant, and felt it would be good for the area. Mr. Harry Baulch was supportive of the idea of revitalization to avoid vacancies within – and the possible failure of – a shopping center, and cited Waverly Place as an example. However, Mr. Baulch was also concerned that this case might present a situation where approval could allow or set the stage for the “creeping” of commercial and nonresidential uses further down a major roadway (i.e., beyond the limits recommended by the Plan). Mr. Hari Nath hoped to see the applicant work more closely with staff to come to an agreement.

At their request, staff met with the applicants on February 7, 2008, to discuss options and modifications to their amendment request. The applicants indicated that they’d be willing to work with staff to make several changes to the amendment request, in order to fashion an amendment that would be acceptable to staff, the Planning Board, and Town Council. Accordingly, the applicants asked that Council refer the case back to the Planning Board, for consideration of a revised application at their April 21, 2008, meeting. Staff supports this request, since the applicants indicated they were willing to make several changes to their amendment request, including:

At the time of the first public hearing for the Southeast Area Plan (June 10, 2004), the recommended future land use for the northern 3 parcels of this case was “Office/Institutional or Medium Density Residential” (without any Note 18), and the recommended land use for the southernmost 9.99-acre parcel was Medium Density Residential (3-6 units/acre). (See Figure 1.) At that initial public hearing, a request was filed by Jerry Turner on behalf of the three northernmost properties that the Town consider changing the proposed plan recommendation for those parcels to Commercial (see Figure 2). Following review by the Planning Board, staff and the applicants proposed as a compromise a Mixed Use designation, coupled with the addition of Note 18 to the map in order to provide some assurance to the Council, the Board, and the public that drive-throughs and/or high traffic generators would be avoided on those parcels. Council agreed to this compromise when the final plan was adopted on September 9, 2004. (See Figure 3.)

Analysis: Based on the compromise for the site that was fashioned just over 3 years ago with both staff, Planning Board, and Council involvement, staff does not feel that the change in land use designations and Note 18 text, as currently proposed by the applicant, is warranted at this time.

The pattern, mix, and intensity of land uses that are present in the adopted Southeast Area Plan were based on, and balanced against, the available traffic capacity of the future roadway network, out to 2020. Most of the major arterial intersections in the southeast were anticipated to be highly congested, and every effort was made to balance land uses across the area in such a manner as to not overwhelm the local road network. In some cases this was done by encouraging mixed use development in order to take advantage of internal trip capture, and by placing limits on the amount of planned commercial/retail.

Analysis: Given the Town’s recent and heavy investment in cost, time, and effort in developing recommendations for future land uses so that 20-year roadway capacity will not be exceeded, staff recommends against the land use map and note changes currently proposed by the applicant, since such changes might compromise the traffic modeling assumptions, especially with regard to high traffic-generators such as drive-throughs.

The Southeast Area Plan was developed according to Council direction that the total amount of commercial/retail within the plan area should not be increased beyond the amount already planned for in the prior 1998 Area Plan. Council further directed that commercial development along Walnut Street/Holly Springs Road should be strictly limited, in order to avoid continuous nonresidential strip development along that corridor.

Analysis: Staff has not received any indication that Council has modified the direction given to staff in 2003-2004 that high-volume traffic generators and drive-through uses should be avoided at the subject location, and that nonresidential development should not be extended further along the Walnut Street and Holly Springs Road corridor. Accordingly, staff does not recommend striking the related text from Note 18 as currently proposed by the applicants, nor the extension of the mixed use designation to the extent currently requested.

The existing Southeast Area Plan intentionally achieves symmetry and balance in terms of the southern extent of nonresidential land uses along Holly Springs Road. On the west side of Holly Springs Road, the southern boundary of the Colonial Baptist Church parcel marks the southern limit for nonresidential uses. On the east side of Holly Springs Road, the southern boundary of the mixed use area defined by Note 18 marks the southern limit of nonresidential uses, and it matches up perfectly with the southern boundary of Colonial Baptist Church on the opposite side of Holly Springs Road.

Analysis: In its current form, the amendment request would extend the mixed-use area southward along the east side of Holly Springs Road to an extent that will cause an unbalance in land use symmetry on either side of Holly Springs Road, which may indirectly encourage future southward extension of nonresidential uses on the west side of Holly Springs Road.

Assuming conventional, average floor-area ratios for suburban retail and office development in Cary, under the current Southeast Area Plan the subject parcels might potentially build out with about 34,000 sq. ft. of retail and office floor space combined (split roughly equally between retail and office), and between 30 - 60 dwellings. Using the same density assumptions, under the proposed plan amendment the four parcels might build out with between 75,000 - 112,000 sq. ft. of office and retail space combined, depending on the amount of unbuildable stream buffers actually present on the southernmost 9.99-acre parcel. Under the proposed plan amendment, there is no required housing component, although between 3 - 30 dwellings might be provided if half of the 9.99-acre tract was used for housing. The table below summarizes these estimates.

Analysis: The applicant’s proposal could theoretically result in a net gain of 48,000 to 78,000 sq. ft. of nonresidential floor space in the Swift Creek Community Activity Center, and a loss of anywhere from 30 to 60 supporting residential units.

The applicants contend that the expansion of the 4.26-acre mixed-use area to 14.25 acres is needed in order to support additional commercial space, in particular a drive-through restaurant.

Analysis: Staff feels that the existing 4.26-acre site is commercially viable as is, and is of sufficient size to develop as an asset to the overall shopping center. As a precedent, immediately north of the subject site are two parcels on the same side of Holly Springs Road, totaling about 2.39 acres. These two parcels have recently developed with a CVS pharmacy totaling 11,800 sq. ft., and an RBC Bank totaling about 4,500 sq. ft. However, the addition of some extra land to the shopping center (less than the 10 acre addition currently proposed) may add to the overall vitality of the shopping center.

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:”

Staff Analysis: None have been identified at this point. However, forthcoming additional information regarding the location of the future access point to the site from Holly Springs Road may help to define a better transition point between the mixed use area and future residential development to the south.

In summary, at this point staff does not feel that the Ordinance tests outlined above have been met. However, if Council does send this case back for reconsideration by the Planning Board, the applicants will have time to work with NCDOT and Town staff to identify the most likely location for the future access point to the site from Holly Springs Road. This effort may yield new information that would help to define a better transition point between the mixed use area and future residential development to the south, which could, in turn, satisfy one of the tests given above.

Staff recommends that this case be referred back to the Planning and Zoning Board, for reconsideration at their April 21, 2008, meeting. Prior to the Board meeting, the applicants will continue to work with staff to fashion a revised plan amendment that could be supported by staff and the Planning Board.

I move that we forward this case 07-CPA-11 back to the Planning and Zoning Board, in order to allow revisions to the amendment request to be presented for Board consideration at their April 21, 2008, meeting.

I move that we amend Map 1, Future Land Use, of the Southeast Area Plan, as currently proposed by the applicant.

I move that we amend Map 1, Future Land Use, of the Southeast Area Plan, as currently proposed by the applicant, but with the following further changes and modifications: (list any additional changes).

I move that we deny the proposed amendment because it fails to meet the requirements of Section 3.2.2(B) of the Land Development Ordinance for a Comprehensive Plan Amendment, and for the other reasons and justifications cited in this staff report.

	Under Existing SE Area Plan	Under Applicant’s Plan Amendment
Mixed Use Acreage	4.26 acres	14.25 acres
Medium Density Residential Acreage	9.99 acres	0 acres
Commercial/Retail floor space	17,000 sq. ft.	41,000 to 56,000 sq. ft.
Office floor space	17,000 sq. ft.	41,000 to 56,000 sq. ft.
Total Nonresidential floor space	34,000 sq. ft.	82,000 to 112,000 sq. ft.
Residential Dwellings	30 - 60	0 - 30