Town of Cary, North Carolina

 Staff Report to the Planning and Zoning Board

07-CPA-13 Davis Drive Office Building

Request

The applicant is requesting Council approve an amendment to the Land Use Plan Map of the Comprehensive Plan for the Town of Cary to change the land use designation of approximately 5.74 acres located at 3451 Davis Drive from High Density Residential (HDR) to approximately 3.56 acres of Office/Institutional (OFC/INS) and approximately 2.18 acres of Commercial (COM). 

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: 
This case proposes to modify the existing Land Use Plan designation from High Density Residential (HDR) to 3.56 acres of Office/Institutional (OFC/INS) and 2.18 acres of Commercial (COM).

B. Comprehensive Transportation Plan
The Town’s Transportation Plan identifies one thoroughfare or collector roadway in the vicinity of the subject parcel:

Davis Drive:

Existing Section:  110’ ROW, 4-lane median divided

Future Section:  4-lane median divided

Road Improvements:  N/A

Sidewalks Requirements: sidewalk on east side, multi-use path on west side

Bicycle Requirements: 14’ wide outside lanes

C. Parks & Greenways Facilities Master Plan:  Greenway Map
The Town of Cary in conjunction with the Town of Morrisville will require a greenway easement along the northern edge of the parcel. 

D.  Open Space and Historic Resources Plan:  The Open Space Plan and its priority open space inventory does identify portions of the case area as having some significant natural resources associated with the two stream buffers located on the northern half of the property. 

E.  Affordable Housing Plan:  Applicable goals of the Affordable Housing Plan which may be relevant to this case include:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

Analysis:  The current land use designation for this parcel is High Density Residential (HDR) which is defined as residential densities over 8 units per acre.  This type of development would add another housing option in this area. that would be a short walk to shopping and services at the corner of Morrisville Carpenter Road and Davis Drive.

2. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

Analysis:  Another housing option in this area could offer more people a short walk to shopping, services, and some employment at the corner of Morrisville Carpenter Road and Davis Drive.  Employment in Research Triangle Park would require a 3-mile commute.

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

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

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

2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The subject parcel is adjacent to Davis Drive, a townhome development, and a daycare/church where urban services are readily available.  In addition, the site is located within 3 miles of the employment centers of Research Triangle Park.

3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

Analysis:  The subject parcel includes approximately 3.5 acres of stream buffer and floodplain.  Also, a Town of Morrisville park is located east of the site.  The environmental features and the park will provide natural resources and open space for the portion of this parcel that is developable.

Town Council Public Hearing on December 13, 2007

A.  Public Hearing Comments

The director of community services for the Town of Morrisville, Tony Chiotakis, asked Cary to work with Morrisville on a greenway connection at the northern end of the property in order to have an opportunity to extend the greenway to Davis Drive.  (This item will be covered with the related rezoning case, 07‑REZ-33.)  No other citizens came forward to speak.

B.  Town Council Questions and Comments

Mr. Portman asked why the comprehensive plan amendment and the rezoning public hearings were occurring at two different Council meetings.  Staff responded that the traffic study required for the rezoning case was not ready, and the applicant desired to move ahead with the comprehensive plan amendment.

C.  Changes Since the Town Council Public Hearing

There have been no changes to this case since the Town Council Public Hearing.

Staff Analysis and Recommendation

A.  Physical Conditions Affecting Request

According to the Town’s geographic information system data, more than half of the subject parcel is covered with stream buffers and floodplains.  The current land use designation, High Density Residential (HDR), is not feasible to develop with only a little over 2 acres of buildable area on the subject parcel.  The portion of the subject parcel requested to be amended to a Commercial (COM) land use is entirely covered with stream buffers and floodplains, and about one-third of the portion of the property requested to be amended to an Office/Institutional (OFC/INS) land use is covered by stream buffers and floodplains.

A land use designation of Commercial (COM) is difficult to justify on the subject parcel.  Staff believes that the applicant or owner of this property should have the burden of proving there is developable area on the northern portion of the site before staff could consider a Commercial (COM) land use there.  There is no compelling reason to designate land use as commercial if the information available at this time shows the northern portion of the subject parcel as unbuildable.

B.  Land Use Compatibility and Transitions

The current land use designation for the subject parcel is High Density Residential (HDR) which typically describes either attached single family or multi-family housing over 8 units per acre. 

This parcel’s western boundary is Davis Drive, and there is some Medium Density Residential (MDR) development on the opposite side of Davis Drive.  Along the southern boundary is a daycare and church development that extends to Morrisville Parkway.  To the north is the Morrisville Market shopping center, and to the east are a park and a townhome community, both of which are located in the Town of Morrisville.

The applicant proposes to change the land use designation from High Density Residential (HDR) to approximately 3.56 acres of Office/Institutional (OFC/INS) on the southern part of the property, and approximately 2.18 acres of Commercial (COM) on the northern part.

A land use designation of Office/Institutional (OFC/INS) would create a contiguous area of office and institutional use from Morrisville Parkway north through the subject parcel.  An office use would be compatible with the existing daycare and church.

Amending the land use of the subject parcel from High Density Residential (HDR) to Office/Institutional (OFC/INS) would provide a reasonable transition of land use from Morrisville Parkway through the subject parcel to Morrisville Carpenter Road.

C. Staff Recommendation

Staff recommends amending the land use designation for the entire parcel from High Density Residential (HDR) to Office/Institutional (OFC/INS).  Staff does not recommend amending the northern portion of the parcel to Commercial (COM), but rather recommends that the entire parcel be designated as Office/Institutional (OFC/INS). 

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:   No changes have been identified.

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

Staff Comment:   Stream buffer and floodplain regulations have been updated since the adoption of the 1996 Land Use Plan.  High Density Residential (HDR) is no longer a feasible land use on the subject parcel due to the limited amount of buildable area.

• 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:   None have been identified.

• Identification of errors or omissions in the Comprehensive Plan.

Staff Comment:   None have been identified.

Planning and Zoning Board Motion Options  

Approval Motion for Applicant’s Request:

The Planning and Zoning Board recommends Town Council amend the Land Use Plan Map as proposed by the applicant.

Approval Motion as per Staff’s Recommendation:

The Planning and Zoning Board recommends Town Council amend the Land Use Plan Map as recommended by Town Staff.

Other Approval Motion:

The Planning and Zoning Board recommends Town Council amend the Land Use Plan Map as proposed by the applicant, but with the following modifications:________________.

Denial Motion:

The Planning and Zoning Board recommends Town Council deny the proposed amendment because it is not necessary in order to address conditions.