Town of Cary, North Carolina

Staff Report to the Planning and Zoning Board

August 18, 2008 Planning Board Meeting

08-CPA-02 Southwest Area Plan Update (formerly PL08-038)

 

Amendment Request

Consideration of amendments to the Southwest Area Plan to bring it into conformance with revisions to the Conservation Residential Overlay District that are proposed as part of the LDO Round 10 amendments.  A complete summary of the proposed amendments is provided following the Background Information given below.  The proposed amendments primarily affect the recommendations for the areas currently designated by the Plan as either Low Density Conservation Residential (LCR), Very Low Density Conservation Residential (VLCR), or Rural.

Background

The Southwest Area Plan was adopted by Town Council on August 12, 2004.  One of the key implementation tasks identified by the plan was development of a special “Conservation Overlay Zoning District” for a large portion of the southwest area.   Development of the ordinance began in fall 2004, and was completed with adoption of the Conservation Overlay District as part of the LDO Round 5 on September 8, 2005.

Based on the Town’s experience over the past two and a half years in applying the new Conservation Overlay District to particular subdivision proposals, staff has proposed a number of clarifications, refinements, and improvements to the district as part of LDO Round 10 (PL08-027b). This staff report proposes a complementary set of amendments to the Southwest Area Plan.  These plan amendments are intended to ensure that the recommendations included in the Southwest Area Plan will continue to be consistent with the requirements of the revised Conservation Overlay District. 

 

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

 

Applicant/Agent

Town of Cary, Planning Department

Acreage

The Southwest Area Plan as a whole encompasses approximately 5,700 acres.  The areas that are most directly affected by the proposed plan amendments cover approximately 2,402 acres, and at present include approximately 598 parcels.

General Location

 

The area located generally north of Green Level West Road and/or Roberts Road; east of the Wake County Line; west of Bachelor Branch and/or the future I-540 Western Wake Parkway; and south of Yates Store Road and/or the future westward extension of Morrisville Parkway.

Hearings / Meetings

Public Hearing

May 29, 2008

Planning & Zoning

August 18, 2008

Town Council

September 25, 2008

Existing Land Use Plan Designation

 

Low Density Conservation Residential (LCR), Very Low Density Conservation Residential (VLCR), and Rural

Requested Land Use Plan Designation

 

Low Density Conservation Residential (LCR) and Very Low Density Conservation Residential (VLCR), with amendments to the Southwest Area Plan document, including its land use definitions

P&Z Recommendation

to be provided after P&Z meeting

 

Subject Parcels

There are 598 parcels currently located within the areas designated as LCR, VLCR, and Rural on Map 1, Future Land Use, of the Southwest Area Plan.  A complete list of these parcels, including Wake County Property Identification Numbers (PIN’s) may be obtained from the Planning Department. 

 

complete description of proposed plan amendments

The proposed amendments include amendments to both the land use map (Map 1: Future Land Use) for the Southwest Area Plan and to the plan document. 

Amendments to Map 1:  Future Land Use

1.       Amend map Notes 12, 15, and 16 as described below.  Underlined text is to be added to the note, and strikethrough text is to be removed:

Note 12:  Conservation Residential, Low Density (LCR).  Two types of residential development are appropriate within tThis approximately 600-acre area:  (a) conventional single family residential consistent with the existing R-40 zoning, on lots of at least 40,000 sq. ft., or (b) conservation subdivisions having lots smaller than 40,000 sq. ft., but generally at least 10,000 sq. ft., up to a potential maximum of no more than about 2.5 dwellings per acre.  The maximum density for conservation subdivisions is proportional to the amount of additional, non-regulatory open space provided.  See Chapter 2 of the plan document for details. provides for single-family housing of 1unit per acre.  Town utilities would be available in this area. The Southwest Area Plan will provide incentives to encourage Conservation Subdivision Design in this area to protect open space, natural resources, and historic structures.  With incentives, lots sizes could be reduced to 10,000 square feet, provided overall density does not exceed 2.5 units per acre.

Note 15:  Conservation Residential, Very Low Density (VLCR).  Two types of residential development are appropriate within tThis approximately 800–acre area:  (a) conventional single family residential consistent with the existing R-40 zoning, on lots of at least 40,000 square feet, or (b) conservation subdivisions having lots smaller than 40,000 square feet, but generally at least 15,000 square feet, up to a potential maximum of no more than about 1.5 dwellings per acre.  The maximum density for conservation subdivisions is proportional to the amount of additional, non-regulatory open space provided.  See Chapter 2 of the plan document for details.  establishes a base density of 0.5 units per acre, providing for single family homes on lots of 80,000 square feet.  Town utilities would be available.  The Southwest Area Plan will provide incentives to encourage Conservation Subdivision Design in this area to protect open space, natural resources, and historic structures. With incentives, lots sizes could be reduced to 20,000 square feet, provided overall density does not exceed 1 unit per acre.

Note 16:  This LCR area represents a ‘transition’ between the Medium Density Residential sections of Cary Park and the Very Low Density area to the south.  While the overall density within this 226-acre section should conform with the LCR category be 1-2.5 units per acre, a medium-density ‘mix’ of residential types should occur along Yates Store Road across from Cary Park.  Residential density would then decrease southward, where very-low density residential would occur along Green Level Church Road.

2.       Remove Note 18 from Map 1.  (This is a change from the original amendment request at the May 29, 2008 public hearing.  The original amendment request proposed a text change to Note 18.)

3.       Amend the Legend/Key on Map 1 to remove the Rural land use category.  (This is a change from the original amendment request at the May 29, 2008 public hearing.  The original amendment request proposed a text change to the Rural category in the Legend.)

Amendments to Plan Document

The proposed revisions are contained in the attached revised plan document (8MB).  The following table provides a synopsis of the proposed changes by chapter and section of the document.  Amendments that were added subsequent to the May 29, 2008 Council public hearing – based Council direction from the July 22, 2008 Council work session – are indicated with a preceding asterisk (*) in the table below.  Other new amendments or changes since the May 29, 2008 Council public hearing are indicated with a preceding double-asterisk (**).

Chapter, Section

Amendment Synopsis

Chapter 1, Section 1.1

Minor cosmetic changes to clarify the Southwest Area Plan’s association to the Comprehensive Plan.

Chapter 1, Section 1.2

Clarify that southwest Cary historically functioned as a “rural buffer.” 

Provide the date of the existing land use and subdivision data, and distinguish existing land uses from proposed use categories.

Chapter 1, Section 1.4

In 2nd bullet, change “districts” to “areas,” so as to avoid confusion with zoning districts.

In 6th bullet, add text to clarify that the focus is now on minimizing development impacts to the views, rather than stating that the plan will preserve the views.

In 7th bullet, add “help” to last sentence, to clarify that the plan helps, but does not implicitly guarantee, preservation.

In 8th bullet, update text to conform with the revisions to the Conservation Overlay District.

*In 8th bullet, update text to reflect the conversion of the Rural land use area into an extension of the VLCR area.

In 9th bullet, update text to conform with the revisions to the Conservation Overlay District. 

*In 9th bullet, update text to reflect the proposed conversion of the Rural land use area into an extension of the VLCR area, no longer using the ATT to mark a point of density transition. 

Remove the 10th bullet, since it cannot be guaranteed by the plan, and does not conform to the revised Conservation Overlay District.

Chapter 1, Section 1.5

Update the section title to reflect the time period involved.

Chapter 1, Section 1.6

**Add a new Section 1.6 “Plan Amendments 2007-08” to explain the plan revisions and process associated with this case and with LDO Round 10.  (This section will be added post-adoption.)

Chapter 2, section numbering

In order to improve formatting and readability, break Section 2.2 up into 3 sections as follows:

2.2  Land Use Category Definitions – Nonresidential and Mixed Use

2.3    Land Use Category Definitions – Standard Residential Categories

2.4    Land Use Category Definitions – Conservation Residential Categories

 

Renumber old Section 2.3 to 2.5, and old Section 2.4 to 2.6.

Chapter 2, Section 2.2

Add an introductory sentence immediately after the revised Section 2.2 title/heading.

Move the definitional paragraph for “Parks and Open Space (PKS)” to immediately after the description for “Mixed Use (MXD).”

Chapter 2, new Section 2.3 (middle part of old Section 2.2)

Add an introductory sentence immediately after the new Section 2.3 title/heading.

Move the definitional paragraph for “Very Low Density Residential (VLDR)” to immediately after the description for “Low Density Residential (LDR).”

Chapter 2, new Section 2.4 (latter part of old Section 2.2)

Add an introductory sentence immediately after the new Section 2.4 title/heading.

This section has been almost entirely re-written to conform to the proposed revision to the Conservation Overlay District in LDO Round 10.  The new text also contains relevant information formerly included in the table at the end of Chapter 2.

*Remove references to the “Rural” conservation residential land use category and clarify that there are now two conservation residential categories.  Remove the definition of the Rural category. 

Chapter 2, new Section 2.5 (old Section 2.3)

Minor cosmetic text changes to insert three missing words, correct the spelling of one word, and add or replace two words to improve clarity.

Under the heading “Gateway Center,” the final paragraph has been amended to reflect the decision not to develop and adopt design guidelines for the Green Level Historic District.

*Update the third paragraph under heading “Trail Activity Node,” to replace the reference to the Rural land use category with a reference to the VLCR category.

Chapter 2, table “Southwest Area Plan:  Summary of Recommended Land Uses”

Delete this table.  The pertinent information has been moved to the new Section 2.4.  Ordinance-level details are removed from Chapter 2 entirely, making the recommendations of the Southwest  Area Plan more general in nature – in keeping with Cary’s other Area Plans.  The detailed requirements of the Conservation Residential categories can now be found in Chapter 4 of the LDO, under the Conservation Overlay District. 

*Chapter 3, Section 3.1

*Remove the reference to the Rural land use category from the first paragraph under the heading “New Rural Road Design Standards”.

*Chapter 3, Section 3.2

*Remove the reference to the Rural land use category from the first paragraph of this Section. 

*Update the map graphic in Figure 3-6 to change the color shading for the Rural category to the same as for the VLCR category.  (This change will be made post-adoption.) 

Chapter 4, Section 4.4

Revise the first two paragraphs under the heading “Density Bonus Provisions to Encourage Preservation of Open Space” to bring them into conformance with the proposed LDO Round 10 Conservation Overlay District revisions.   Delete the remaining paragraphs under this heading, since this information is now addressed either in Chapter 2, Section 2.4, or in Chapter 4 of the LDO, under the Conservation Overlay District.

*Chapter 5, Section 5.1

*Amend the fourth paragraph to remove the reference to the Rural land use category.

 

 

Applicable Comprehensive or Area Plan Requirements:

 

A. Land Use Plan: 

The governing element of Cary’s Comprehensive Plan is the Southwest Area Plan, originally adopted in August 2004.  This case proposes a range of amendments to that Plan, as described in this report.

 

B.  Comprehensive Transportation Plan:  
Since this case concerns a large, 2,402 acre area, and not a single or small group of parcels, it is not practical to identify all possible Transportation Plan recommendations that might affect each of the parcels.  Refer instead to the Comprehensive Transportation Plan for general information and Transportation Plan maps. 

 

C.  Parks & Greenways Master Plan: 
Since this case concerns a request for a large, 2,402 acre area, and not a single or small group of parcels, it is not practical to identify all possible Parks, Recreation, and Greenway facilities planned for this area.  Refer instead to the Parks, Recreation, and Cultural Resources Master Plan for general information and related plan maps. 

 

D.  Open Space and Historic Resources Plan: 

The subject parcels include properties located within the Green Level National Register Historic District, and the area also includes many significant natural and open space resources.  However, since this case concerns a large, 2,402 acre area, and not a single or small group of parcels, it is not practical to identify all possible open space resources within this area.  Refer instead to the Open Space and Historic Resources Plan for general information and related plan maps. 

 

E.  Affordable Housing Plan: 
The proposed amendments to the Southwest Area Plan do not generally change the effects that the Southwest Area Plan already has on the goals of the Affordable Housing Plan. The only Affordable Housing Plan goal that might be affected by the amendment request is:

1.       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.Staff observation:  While there is no assurance that a conforming residential development plan within the Southwest Plan’s conservation residential areas might include some measure of affordable units, it is also clear that the proposed increase in the maximum gross density of conservation subdivisions within the Very Low Density Conservation Residential area would probably only have positive impacts on affordability. 

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

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

Staff observation:  The proposed amendments conform with this Guiding Principle, since they are intended to increase the amount of open space provided within conservation subdivisions.

 

Town Council Public Hearing Of May 29, 2008

A.  Public Hearing Comments

Three citizens spoke at the public hearing:

·         Mr. Don d’Ambrosi stated he felt that the current plan is not broken and does not need to be fixed, and that he was therefore opposed to the amendments. He stated the current plan was based on community consensus.

·         Ms. Linda Jacobs stated that everyone in Green Level understood that wetland areas could be traded for open space. She felt that the proposed changes would destroy property values.  She did not want the proposed changes to negate the ability of homeowners to sell their properties for a fair market value. She stressed that Green Level is no longer a rural area.

·         Mr. Duane Southerland stated he participated in the southwest area planning process, and has deep concerns about the proposed changes to the plan. He stated Green Level is no longer a rural community. He felt that the proposed changes are unfair to long-time property owners in the area.

 B.  Town Council Questions and Comments

Mr. Portman asked for clarification about what was adopted with regard to floodplains, wetlands, and riparian buffers in the 2004 Southwest Area Plan versus what is currently being proposed. Mr. Ramage stated the 2004 Southwest Area Plan is a policy document, and does not contain the full level of detail that was later codified into the Conservation Residential Overlay District.  Mr. Ramage stated that the description given for a density bonus scheme in Chapter 4 of the Plan developed more specificity between the time the plan was written and when the density bonus was turned into ordinance in 2005. He stated that Section 4.4 of Chapter 4 of the Plan does not give a specific reference to the recommended treatment of regulatory floodplain, however the “density bonus calculator” referred to in that section does.

 

Mr. Portman also asked whether there have been any changes to the originally adopted Southwest Area Plan. Mr. Ramage stated there have been no amendments to the plan document since it was adopted in 2004, however there have been several map amendments to the Plan’s Map 1 Future Land Use, although none of those map amendments affected the Conservation Residential or Rural land use areas.

 

Mr. Frantz asked if there is anywhere in the Town where we allow riparian buffers, stream buffers, floodplains, and so forth to be used towards open space calculations. This question was directed more so to the amendments proposed to LDO Round 10 in staff report PL08-027, and Mr. Barker responded to that inquiry.  Mr. Barker responded that planned developments are required to provide a certain amount of open space, and the open space may include stream buffers, floodplains, and so forth. Mr. Barker stated in the Conservation Residential Overlay District there is no credit from a development standpoint for these areas.

 

Town Council work session of july 22, 2008

 

A.  Town Council Questions and Comments

The work session was focused on LDO Round 10, including the proposed ordinance changes to the Conservation Residential Overlay District, rather than on the Southwest Area Plan per se.  However, there were a few Council comments that do relate to this case’s proposed amendments to the Southwest Area Plan:

·         Council gave staff direction that the Rural sub-district should be merged into the Very Low Density Conservation Residential (VLCR) sub-district within the Conservation Residential Overlay District. 

·         Jennifer Robinson raised the question of whether the minimum lot size in the VLCR and Rural sub-districts should be raised above the 15,000 sq. ft. minimum currently being proposed.  (Consensus was not reached on this issue during the work session.)

·         Jack Smith raised the question about why the Town should be trying to maintain a rural environment within a town.  

B.  Changes After the Town Council Work Session of July 22, 2008

Based on the Council direction noted in the first bullet above, staff has revised the requested set of plan amendments to:

At this point staff is not proposing any additional amendment modifications in response to the other Council comments from the July 22 work session, since consensus was not achieved regarding those items.

 

Staff Analysis and recommendation

A.  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:”

Staff Comment:  The original Plan assumed that the types of density bonuses and lot sizes envisioned would be sufficient to achieve the Town’s goal of achieving substantial and contiguous open spaces within the Conservation Residential Areas.  However, several years of experience with the Conservation Residential Overlay District – which was based on the Plan’s vision – have revealed that was not the case.

Staff Comment:  As noted above, the conservation residential scheme envisioned by the original plan has not succeeded in achieving the original vision for the area.  Issues and needs analyses investigated for the Conservation Residential Overlay District in LDO Round 10 clearly revealed a need to modify both the Ordinance’s and the Plan’s approaches to conservation residential density bonuses and open space.

Staff Analysis:  None identified.

Staff Analysis:  None identified.

B.  Staff Recommendation

Staff recommends that the proposed amendments to the Southwest Area Plan be forwarded to Town Council with a recommendation for approval, according to the same schedule as for the LDO Round 10 amendments for the Conservation Residential Overlay District.

 

Planning and zoning board Motion Options  

 

Approval Motion:

I move that we amend the Southwest Area Plan as proposed by staff in this report and its attachments. 

 

Approval with Modifications Motion:

I move that we amend the Southwest Area Plan as proposed by staff in this report and its attachments, but with the following further changes and modifications:  (list any additional changes).

 

Denial Motion:

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 other reasons and justifications cited in this staff report.