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TOWN
OF CARY, NORTH
CAROLINA LAND
USE PLAN AMENDMENT: 05-LPA-07,
High Density Residential (HDR) to Medium Density Residential (MDR)
The
residential portion of the Activity Center Concept Plan (ACCP) currently
has a Land Use Plan designation of High Density Residential (HDR) within
the Amberly Community Activity Center (CAC).
The Horton Planned Development District (PDD) proposes residential
development with a density from three (3) to eight (8) units per acre
which is Medium Density Residential (MDR).
Due to this request, a Land Use Plan Amendment (LPA) is required.
REZONING
PETITION(S): 05-REZ-12,
Amberly Activity Center Overlay District.
This overlay lays the groundwork to approve the Horton Activity
Center Concept Plan and the Horton Planned Development District.
The Land Development Ordinance requires that an Activity
Center Overlay District (ACOD)
designation be installed onto a property before an Activity Center Concept
Plan may be approved. 05-AC-002, Horton Activity Center Concept Plan (ACCP). Activity Centers consist of commercial, office and high density residential uses that are planned as a cohesive whole, clustered in an area usually surrounding a major intersection. Activity Centers are divided into “quadrants” that divide the Activity Center into sections, generally one on each corner of the intersection. Each quadrant then has an ACCP created in conjunction with the property owners to guide development of that section. This ACCP includes three commercial parcels totaling 5.32 acres, and 98 single family detached residential units on a total of 41.34 acres of land. ACCP map 05-REZ-11,
Horton Planned Development District (PDD) LOCATION
OF PROPERTY: APPLICANT:
TOWN
OF CARY
CASE MANAGER: MEETING
SCHEDULE: TOWN
COUNCIL PUBLIC HEARING – August
11, 2005
Action:
The Town Council forwarded the request to the September
19, 2005 Planning and Zoning Board (5-0) PLANNING
& ZONING BOARD – September
19, 2005
(At the
request of the applicant, this item was tabled until PLANNING & ZONING BOARD – October 24, 2005 Staff
Recommendation: Staff
recommends denial of the request as it is currently presented. Action:
The
Planning and Zoning Board made four separate recommendations.
They were: 05-LPA-07
recommend approval (6 to 4); 05-REZ-12
recommend approval (5 to 5); 05-AC-002
recommend approval (6 to 4); 05-REZ-11
recommend approval (6 to 4). TOWN COUNCIL ACTION – November 10, 2005 Staff
Recommendation: Staff
recommends denial of the request as it is currently presented. PUBLIC
COMMENTS AT TOWN COUNCIL PUBLIC HEARING:
No
comments from neighbors or adjacent property owners were received at the
public hearing. Staff has met
with the applicant several times to express concerns about the proposal;
most specifically, the proposed densities, buffers and transitions between
use intensities. CHANGES
SINCE THE TOWN COUNCIL PUBLIC HEARING:
No
changes to this request have been made since the initial hearing. PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS: The Planning and Zoning Board had a detailed discussion related to lot size, transitions, access, pedestrian connections, surrounding uses and the boundaries of the Activity Center. The P&Z Board recommended approval of the request. The Planning and Zoning Board voted in four separate actions as follows: 05-LPA-07 recommend approval (6 to 4); 05-REZ-12 recommend approval (5 to 5); 05-AC-002 recommend approval (6 to 4); 05-REZ-11 recommend approval (6 to 4). Concerns
Discussed: Amberly
Town Center-
What is planned for the Amberly Town Center?
The PDD allows for up to 240,000 square feet of commercial,
125,000 square feet of office or institutional uses, 800 residential
units which also includes the option for congregate care.
The developer for Amberly had a representative confirm that
they are working on plans within this framework. Alston
Regional Activity
Center-What is proposed for
the area west of the Horton project across Green Level to Durham road?
This area is designated as part of Evans Farm.
It is approximately 50 acres with 600 units Transitions-
Why is a transition of uses necessary or supported by staff? What
is needed within that transition?
Where should the transition occur?
How much impact does this transition have on the project?
Staff supports that the Horton project does not provide an
appropriate transition from the commercial development and/or high
density development that is or will be located at the northern portion
of this project or located within adjacent parcels.
Staff recognizes that the proposal of medium density does
however provide a transition from commercial to the low density
residential in Weycroft. The
reason behind discussing transition really falls into line with the
fact that this projects gross density is below medium density
residential and its net density is so close to the lowest density
required for medium density that is does not provide a mix of
densities to transition within the site and only provides a single use
type and density that is not appropriate at the location proposed
within the activity Center and within such a close proximity of the
higher intensity uses to the north, west and east.
Staff worked closely with the applicant with requests and
concepts for providing the desired transition as well as trying to in
crease the densities to function with this activity center and no
alternatives were proposed by the applicant.
IN addition, the applicant informed the Planning and Zoning
Board that they had looked in to other options but had decided that
there was no interest in pursuing any other alternatives than the
original proposal. IN
addition, they support that the lot dimensions at 120 to 140 feet in
length as well as the 50 foot buffer and 15 landscape easements
adequately protected future Horton residents from impact of adjacent
high density and/or commercial development. Pedestrian and Vehicular Access- Will vehicular and pedestrian connection be required from the residential to the commercial property within the ACCP? Aren’t connections between the residential and non-residential uses a requirement of the ACCP? Although the current plan provided shows no vehicular access directly to the north, the two collectors provided indicate direct access for Horton residents into the commercial tract within the ACCP as well as to the adjacent Amberly Town Center property. Although this might appear to be an indirect link it is presumed that access to O’Kelly Chapel Road would be limited to the commercial corner within the proposed ACCP and therefore the appropriate connection would be made along the collector road through the commercial property to O’Kelly Chapel Road Reasons
for Majority Votes: · The proposed PDD with 7000 square foot lots is not low
density and these lots provide a one component of the range of products in
the area. The transition from
commercial through the 7,000 square foot lots to the approved low density
of Weycroft is sufficient. There
is enough density in the Alston plan and the Amberly Town Center that it
is not needed in the Horton PDD. The
lower density proposal is appreciated.
Majority voters also stated that pedestrian and vehicular access to
non-residential should be required. Reasons
for Dissenting Votes: · The
dissenting votes were for providing High density residential closer to
commercial. Having high
density on the east side of the proposed 6 Lane Green Level to Durham
Road does not
provide accessible commercial and office to the residents of the high
density developments. Providing
pedestrian access to non-residential would support a quality plan that
meets what we intended in the Northwest area plan.
This proposal challenges the integrity of the Northwest Area Plan.
STAFF
RECOMMENDATION: Staff
recommends denial of the rezoning request as it is currently presented due
to conflicts with the Comprehensive Plan in terms of land uses, density,
land use transitions, activity centers, and transportation. Staff
Analysis Staff
does not support this rezoning proposal or Land Use Plan amendment to
convert the entire Horton tract to medium density residential (MDR) uses.
(Please note that our evaluation assumes that the project will
achieve the requested density of development.
However, since this case only specifies the maximum number of
units, there is no guarantee that the project will yield this outcome.
At the time of development plan submittal, it could include fewer
lots, allowing it to fall below MDR into the low density residential (LDR)
category, resulting in even further nonconformity with the Land Use Plan.)
Staff believes that this
rezoning proposal does not meet the intent of the Comprehensive Plan in
the following ways:
1. The
proposal compromises the Northwest Plan’s strategic arrangement of
residential densities. The
Northwest Area Plan concentrates future moderate and higher intensity uses
in strategic locations close to Research Triangle Park (RTP), and/or
within the six mixed-use activity centers that are distributed at
strategic locations. Moving
westward towards Jordan
Lake
or southward towards Green Level, residential densities gradually
decrease. This land use
pattern will help reduce regional traffic congestion by placing
more population near the shortest and most direct commute routes to RTP
and take advantage of planned infrastructure improvements to support such
development. The subject rezoning would place only medium density residential in one of the Plan’s most strategic locations for both medium and high-density residential. The subject area is located within a mile of the future interchange of I-540 at NC-55 and across Green Level to Durham Road from the Alston Regional Activity Center 2. The
proposal is inconsistent with the Amberly Community
Activity
Center.
This property lies within the Amberly Community Activity Center (CAC)
focused around Amberly’s Village Center.
Since an activity center is intended to contain a more intense mix
of uses, this proposal to develop only single-family, detached residential
at the low end of the MDR range does not conform to activity center
guidelines. 3. The proposal does not
provide appropriate density transitions.
One of the guiding principles of the Land Use Plan is the provision
of gradual transitions between residential densities.
The area immediately south of Horton is Weycroft, a low density
residential area. Immediately
west is the Village
Center of Amberly, with an
urban mix of shopping, office, and high density residential.
A gradual density transition will not be achieved by placing medium
density residential at 3.5 dwellings per acre adjacent to these more
intense uses. A transition of
densities within the Horton PDD would be more appropriate.
4. The
proposal does not maximize the potential of various transportation
alternatives. The
Northwest Area Plan reserves additional right-of-way along Green Level to
Durham Road, as well as along four other thoroughfares, to form a future
Transit Loop system linking NW Cary and RTP.
In general, moderate and higher densities are encouraged and needed
along the Transit Loop, and not single-family, detached residential as
proposed by the rezoning. The
subject rezoning lies adjacent to two future greenways (one along Nancy
Branch) and one off-road multiuse path (along Green Level to Durham Road),
both which provide direct linkages to Research Triangle Park and
Carpenter. This use at this
site would fail to capitalize on this opportunity to provide multiple
alternate modes of travel and commuting (especially to the Research
Triangle
Park)
to a wider population. 5. The
proposal may spawn future land-use conflicts.
Introducing single-family, detached residential uses amidst areas
already zoned and planned for high density residential will pose
difficulties for both future residents and owners of the adjacent parcels.
A better transition might be provided if the applicant were to
provide a mix of density types, from high density at the intersection
surrounded by medium density. This
would help the project fit more seamlessly with those properties that
already have such zoning. There
are several additional considerations: 6. Compliance
with the Comprehensive Plan can be achieved while still enabling some or
all of Horton to develop as single family detached housing.
The Northwest Area Plan recommends high density housing for this
site. However, medium density
housing (3-8 homes/acre) can accommodate single family detached or
attached, patio homes, townhomes, or any mix thereof.
The density goal applies to the overall site, and is considered an
average gross density. Thus,
the site could include sections of lower density single family development
“nested” among sections of medium- or higher-density housing products,
in order to achieve an overall average of medium density.
Under such an approach, compatible medium- and/or higher-density
housing products could then be used as a transition to the north and west
of the site. 7. There
is adequate land supply elsewhere for lower density housing.
The Northwest and Southwest Area Plans include hundreds of acres in
more appropriate locations for future single-family, detached residential
uses. In addition, a number of
PDD’s have been approved with large amounts of lower density zoning,
including Cameron Pond PDD, Stonewater PDD, Forest Oaks PDD, and Amberly
PDD. Additional low-density
applications are currently in the pre-application stages. Section
4.4.2(J), Criteria for approval of an ACCP (1) The ACCP has been prepared consistent with the requirements of this
Section and the Land Use Plan. The
ACCP contains all information required by the LDO for submittal of an ACCP
request. (2) The ACCP includes an appropriate mix of land uses for the overall
activity center, including residential, commercial, office, and
institutional uses. The
proposed ACCP would contain a mix of commercial and residential uses, but
the proposal does not contain a mix of residential product types or
densities, and the single family detached residential product proposed is
at the low end of the density range for medium density residential (3 to 8
units per acre). (3) The ACCP will meet or exceed Town design guidelines and other
established Town standards. The ACCP would comply with Activity Center
Design Guidelines, Cary Design Guidelines, and Cary’s Community
Appearance requirements. (4) The ACCP includes both medium and higher-density housing. This ACCP includes a single family detached development of 3.5 units per acre which is at the low end of medium density residential use category. Medium density residential at 3.5 units per acre falls far below the intensity of the high density residential use identified in the Northwest Area Plan. (5) The ACCP includes some formal outdoor space for public use, such as a park, village green, or plaza; larger activity centers should include more such space than smaller centers. This ACCP includes the development of a multi-use trail along the northern edge of the 400 foot linear conservation area identified in the Northwest Area Plan and connects to open space and trail connections identified in the Alston Regional Activity Center. (6) The ACCP demonstrates that there has been participation by residents, by
property owners in the surrounding neighborhoods, and by the Town, so that
the proposed development specially responds to the unique conditions of
the area. This ACCP is
adjacent to the Alston Regional Activity Center, is part of the Amberly
Community Activity Center and is located within the Northwest Area Plan. Section 3.4.1 (E), Criteria for approval
of a Planned Development District
ZONING: Zoning map Current:
Residential 40 (R-40) APPLICANT’S
JUSTIFICATION STATEMENT (May
31, 2005):
“The Horton Property PDD is a proposed 36.02-acre
planned residential development. The
use planned for the PDD is single-family detached residential.
The property is adjacent to Amberly PDD and Weycroft PDD.
The master plan provides for a maximum of 98 single-family dwelling
units. The overall gross
density is 3.56 dwelling units per acre.
This property is located within the Town’s adopted Northwest Area
Plan. The planned land use of residential conforms to the adopted Plan;
however, the density is not in compliance with the adopted Plan.
The adopted Plan designates this area for MDR to HDR development.
With the submittal of the PDD, there is a request to simultaneously
amend the adopted Northwest Area Plan to reflect MDR development.
Given the development patterns that have occurred and will be
occurring in the area, provisions for areas of lower density residential
development in the northwest planning area are appropriate.
When the Northwest Area Plan was adopted, the Town initiated
Regional Activity Center (RAC) Plan for the I-540/Highway 55 interchange
had not started. Now planning
for the I-540/Highgway 55 has begun and the preliminary findings show a
large number of medium to high-density residential units being planned for
the area. Given what is being
proposed in the I-540/Highway 55 corridor, there is not as much demand for
higher densities in the area of the Horton property.
There is still a need for some higher densities, but lower
densities need to be introduced into the mix of the area.
This allows for a greater range of housing opportunities for people
moving into the area. The
lower densities will lessen the amount of impervious coverage and will
minimize stormwater impact. Furthermore, less density helps to reduce
traffic congestion by generating fewer trips.
Given this, there is also a request to amend the Town’s
Thoroughfare Plan. The request
is to delete the east-west collector street that is shown on the Northwest
Area Plan. Based on the
changing patterns in the area, including reductions in density, there is
no longer a need for this road. Because the Horton
property is located in an activity center that is located on the Town’s
Land Use Plan map but is not yet on the Town’s zoning map, the property
must be rezoned. This request
also includes the proposed rezoning to the Town’s PDD zoning district.
The Town is initiating the establishment of the Activity Center
Overlay District. We are
submitting an ACCP for the Horton property and the three remaining
undeveloped parcels in the southwest quadrant of Olive Chapel Road and
Green Level to Durham Road. As
shown on the ACCP map, one of the three parcels is located within the
Amberly PDD. The approved use
for this tract is commercial. The
approved Amberly PDD is also located to the west of the 1.03-acre parcel
and the uses approved for this portion of Amberly are also commercial.
Given the size of the three tracts included in the proposed ACCP,
the current and surrounding approved land uses and the limitations with
future access, a commercial land use designation will provide the greatest
opportunity for these three tracts to develop and would be compatible with
the planned development in the area. “ TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use Plan map Current: High Density Residential (HDR) within the Amberly Community Activity Center (CAC) Proposed:
Medium Density Residential (MDR) ADJACENT
ZONING & LAND USES: North:
Existing
Use:
Vacant and a single family residence Existing
Zoning:
Residential 40 (R-40) and Planned Development District (PDD) Major,
Amberly Existing
Land Use Plan Designation:
Mixed Use (MXD) and Medium to High Density Residential (MDR to HDR)
East: Existing
Use: Vacant Existing
Zoning:
Residential 40 (R-40) Existing
Land Use Plan Designation: Mixed
Use (MXD) South: Existing
Use: Vacant Existing
Zoning: Planned Development
District (PDD) Major, Weycroft Existing
Land Use Plan Designation:
Low Density Residential (LDR) West: Existing
Use: Vacant Existing
Zoning:
Planned Development District (PDD) Major, Amberly Existing
Land Use Plan Designation:
Mixed Use (MXD) Parks
& Greenways: The
PRCR Department has requested
the following as part of the approval of this development:
The PRCR Advisory Board
reviewed and approved these conditions at its September 12, 2005 meeting. Traffic
Impact Analysis:
A Traffic Impact Study has been prepared by the Town traffic
consultant HNTB. All
intersections in the study area will operate at Town of Cary
standard level of service “D” or better at build-out. Reference
Information: The
school information is being provided for your review; however, the Schools:
Current
Enrollment and Building Capacity
is based on the 20th day of the school year for 2004 as
supplied by the Wake County Public School System.
School assignment will be determined at the time of development. The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. Development
Plan Issues: The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land. Specific development requirements related to the technicial aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is sub | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
