Town of Cary

This is a request to amend the land use map of the Town’s Southeast Area Plan, an element of the Town’s Comprehensive Plan. The request is to change the land use designation of approximately 7.94 acres, located at the intersection of Macedonia Road and Walnut Street, from “Medium Density to High Density Residential” (“MDR to HDR”) to “Mixed Use (MXD).”

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.

Applicant	Steve Vinson Midland Atlantic 4601 Creekstone Dr, Suite 102 Durham, NC 27703
Agent	Bob Zumwalt The John R. McAdams Company 2905 Meridian Parkway Durham, NC 27713
Acreage	7.94 ±
General Location Vicinity Map	South side of the intersection of Macedonia Road and Walnut Street
Hearings / Meetings	*Public Hearing* May 8, 2008	*Planning & Zoning* July 21, 2008	*Town Council* August 14 or 28, 2008**
Existing Land Use Plan Designation Land Use Map	Medium to High Density Residential (MDR to HDR)
Requested Land Use Plan Designation Proposed Land Use Map	Mixed Use (MXD)
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Staff Contact	Anna Readling 919-469-4084 316 North Academy Street Cary, NC 27513 anna.readling@townofcary.org

PARCEL & OWNER INFORMATION
Property Owner(s) and Parcel Addresses	County Parcel Numbers (10 digit)	Real Estate ID(s)	Deeded Acres
Midland Tryon East LLC 8044 Montgomery Rd, Ste 710 Cincinnati, OH 45236	0772770966	0331947	1.12
J. Harold Tharrington 2801 Glendwood Gardens Ln, Unit 205 Raleigh, NC 27608	0772771515	0143469	4.44
2718 Macedonia Properties, LLC 1205 Turner Woods Dr. Raleigh, NC 27603	0772772667	0079093	0.55
James Rogers & Kattie Brown 104 Lynnhaven Dr Apex, NC 27539	0772773652	0009052	0.87
Lonnie Charles and Kathryn W. Beck 2804 Macedonia Rd. Cary, NC 27518	0772773450 (partial)	0079305	0.68
Marie H. Woodall c/o Donna Jones 2092 Winwood Farm Rd. Creedmoor, NC 27522	0772775471 (partial)	0079297	0.29
Total Acres			7.94

A. Land Use Plan: The Southeast Area Plan recommends these parcels for Medium to High Density Residential (MDR to HDR). This designation was intended to complement the planned residential uses on the north side of Macedonia Road, as well as the planned residential uses on the west side of Walnut Street, opposite the subject parcels. The Plan’s current recommendations are intended to establish double-loaded residential uses along this stretch of the Walnut Street corridor, in order to avoid continuous nonresidential development along the entire length of Walnut Street south of US Hwy 1/64. This pattern of uses is also intended to provide separation between the retail centers associated with the Crossroads mixed use activity center (e.g., The Centrum shopping center) and the Swift Creek mixed use activity center (e.g., Tryon Village shopping center).

The applicant is requesting that the parcels be changed from Medium to High Density Residential to Mixed Use (MXD). (See Mixed Use Sketch Plan (MUSP) case 08-MU-001.) The Mixed Use classification typically indicates that a site should ideally contain a mix of at least two major use types from among Residential, Commercial, and Office/Institutional, with a preference that one of the uses present include residential.

C. Parks & Greenways Master Plan: Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a public greenway trail is proposed around the existing pond on the site with a connection to the multi-use trail proposed along the northeast side of Macedonia Road. A recreation payment-in-lieu will be required for any residential development in accordance with the Land Development Ordinance.

D. Open Space and Historic Resources Plan: The Plan does not identify any significant natural resources or priority open space on the subject parcels. No historic resources have been identified.

E. Affordable Housing Plan:
When parcels designated for mixed use include a residential component, the following Affordable Housing goals may apply:

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

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

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

3. Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.

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:”

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. This tract is one of the few remaining undeveloped areas along Walnut Street. As a result of the existing and approved developments in the area, including Tryon Village and Centrum Center, the land value has increased to the point that development of residential use in a marketable price range is not feasible for this site.

2. Describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arise in this geographic area since the original Comprehensive Plan recommendations were developed.

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.

4. Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan. Limiting the use of the subject property given its location along the corridor connecting the Crossroads and Swift Creek commercial cores and its location relative to both Walnut Street and Macedonia Road poses an unreasonable constraint on the development potential of this site.

The Southeast Area Plan designates another area for Medium to High Density residential use to the west of the Crossroads area and along Piney Plains Road. Unlike Walnut Street, which is the main artery running through the heart of both the Crossroads Activity Center and the Swift Creek Activity Center, Piney Plains Road functions as a collector between Tryon Road and the Crossroads area. This location, clearly outside of the central core of the commercial area, is appropriate for residential use in that residents can enjoy the convenience of proximity without the degree of ongoing impacts of traffic and congestion associated with the commercial core.

Likewise, there is area designated for Medium and High Density Residential use to the east of this site, on the opposite side of Macedonia Road. Opportunities exist for the assemblage of larger tracts that are farther from the commercial centers and not bounded by existing roads.

The proposed amendment, affecting a relatively small but strategically located area, will meet the overall goals of the plan that call for a clear distinction between the Crossroads and Swift Creek commercial cores. Sufficient area for medium and high density residential development would be maintained in areas more peripheral to the central core.