09cpa04 TC Staff Report
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Town of Cary, North Carolina | |||||||||
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Comprehensive Plan Amendment Staff Report to the Town Council | |||||||||
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09-CPA-04, Amberly – Pittard Sears Road | |||||||||
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Town Council Final Action | |||||||||
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October 22, 2009 | |||||||||
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REQUEST |
To Amend the Town of Cary Northwest Area Plan by changing the land use designation for the subject parcels from Low Density Residential (LDR) and Parks, Buffers, Open Space, Community Recreation (PKS) to “Low Density Residential to Medium Density Residential” (LDR to MDR) | ||||||||
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The subject property is located at the southeast corner of O’Kelly Chapel Road and Pittard Sears Road. | |||||||||
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Deeded Acreage |
40.11 +/- | ||||||||
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Existing Land Use Designation |
(a) Low Density Residential (LDR) for 34.32 acres, and (b) Parks, Buffers, Open Space, Community Recreation (PKS) for 5.79 acres | ||||||||
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Requested Land Use Designation |
“Low Density Residential to Medium Density Residential” (LDR to MDR) with Note 9 on Map 1, Future Land Use, of the Northwest Area Plan | ||||||||
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NOTE: 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. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml. | |||||||||
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SUBJECT PARCELS | |||||||||
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Property Owner(s) |
County Parcel Number(s) (10-digit) |
Real Estate ID(s) |
Deeded Acreage | ||||||
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Marquis Homes & Company |
0726405536 |
85634 |
19.51 | ||||||
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Marquis Homes & Company |
0726415782 portion |
63642 |
17.10 | ||||||
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Sandler at Amberly |
0726500044 portion |
19868 |
3.50 | ||||||
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Total Area |
40.11 +/- | ||||||||
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SCHEDULE | |||||||||
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Review Step |
Date |
Action | |||||||
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Town Council Public Hearing |
July 23, 2009 |
Forwarded to the Planning and Zoning Board | |||||||
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Planning and Zoning Board Meeting |
September 21, 2009 |
Recommendation for approval, 5 – 3 | |||||||
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Town Council Action |
October 22, 2009 |
To be determined | |||||||
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contact Information | |||||||||
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Applicant and Agent |
Glenda Toppe, Jerry Turner and Associates, Inc. | ||||||||
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905 Jones Franklin Road Raleigh, NC 27606 | |||||||||
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919-851-7150 | |||||||||
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Staff Contact |
Meredith Chandler, RLA, AICP | ||||||||
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919-460-4983 | |||||||||
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Amendment REquest Detail | |||||||||
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The applicant proposes to amend the land use in the Town of Cary Northwest Area Plan for a 40.11 +/- acre site from Low Density Residential (LDR) and Parks, Buffers, Open Space, Community Recreation (PKS) to “Low Density Residential to Medium Density Residential” (LDR to MDR) with Note 9 on Map 1, Future Land Use, of the Northwest Area Plan | |||||||||
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SUMMARY OF PROCESS AND ACTIONS TO DATE | |||||||||
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Notification |
Ads appeared in the July 8 and July 15, 2009 editions of the Cary News, for the July 23 Town Council Public Hearing. | ||||||||
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Property was posted on July 6, 2009 for the Town Council Public Hearing. | |||||||||
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Adjacent property notification letters were mailed on July 7, 2009. Notice was also e-mailed to the Chatham County Manager and to the Chatham County Planning Director. | |||||||||
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An ad appeared in the September 9, 2009 edition and will appear in the September 16, 2009 edition of the Cary News. | |||||||||
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Property was posted on September 8, 2009 for the Planning and Zoning Board Public Hearing. | |||||||||
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Town Council Public Hearing Comments |
Three citizens and one residential developer spoke in favor of this Comprehensive Plan Amendment request. | ||||||||
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Ms. Sally Kost, Vice-Chair of the Chatham County Board of Commissioners, said she and the Board would like to provide comments as the case progresses, and appreciated the opportunity to do so. Commissioner Kost expressed a desire that any future development along Pittard Sears Road should strive to retain the mature trees along the road, and she hoped than any future development would include a 50-foot streetscape buffer as a transition to the larger lots west of the site. | |||||||||
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Changes Since Town Council Public Hearing |
There have been no changes to this case since the Town Council Public Hearing on July 23, 2009. | ||||||||
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Planning and Zoning Board Public Hearing Comments |
One adjacent property owner spoke in favor of this Comprehensive Plan Amendment request. Multiple Planning and Zoning Board members were concerned if, when, and how the Chatham-Cary Joint Land Use Planning Effort would be completed and adopted. Board members were also concerned about the Chatham-Cary Joint Land Use Plan matching the Town’s Northwest Area Plan, and which of these two plans would take precedence over the other. Ms. Carla Sadtler and Mr. Hari Nath both questioned how an appropriate transition would be provided between the subject parcels with a “Low Density Residential to Medium Density Residential” (“LDR to MDR”) and the Very Low Density Residential (VLDR) on the west side of Pittard Sears Road. Ms. Joy Wayman stated that Pittard Sears Road does make a reasonable boundary between these two different land uses. The Planning and Zoning Board recommended approval of this request with a vote of 5 – 3. | ||||||||
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Changes Since Planning and Zoning Board Public Hearing |
There have been no changes to this case since the Planning and Zoning Board Public Hearing on September 21, 2009. | ||||||||
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Applicable Comprehensive or Area Plan Requirements | |||||||||
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Land Use Plan or Area Plan | |||||||||
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The subject parcels are located within the boundary of the Northwest Area Plan, a volume of the Town of Cary’s Comprehensive Plan. The current land use designation for the western 34.32 acres of the site is Low Density Residential (LDR), which is defined as single-family detached dwellings at one to three units per acre. The current land use designation for the eastern and southern 5.79 acres of the site is “Parks, Buffers, Open Space, Community Recreation” (PKS). The applicant proposes to change the land use designation for the entire, combined 40.11-acre area to “Low Density Residential to Medium Density Residential” (LDR to MDR). The applicant also requests that the entire 40.11-acre site be made subject to, and included within, the additional recommendation stipulated by Note 9 on Map 1, Future Land Use, of the Northwest Area Plan. Note 9 stipulates that the area should have no more than “...a maximum of 6 dwellings/acre.” | |||||||||
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An associated rezoning request, 09-REZ-10, proposes to add the portion of the subject parcels, not already included, to the Amberly Planned Development District (PDD). | |||||||||
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Draft Chatham-Cary Joint Land Use Plan | |||||||||
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The subject parcels are also located within the boundary of the draft Chatham-Cary Joint Land Use Plan; this plan is not yet adopted. The current draft of the Chatham-Cary Joint Land Use Plan shows a designation of 1 – 4 dwelling units per acre for the subject parcels. This density was used by the Joint Planning staff team for all of the existing area in Amberly designated on the Northwest Area Plan as “Low Density Residential to Medium Density Residential” (“LDR to MDR”) with Note 9, a maximum of 6 dwelling units per acre. The actual densities built in the age restricted tracts of Amberly (the area designated in the Northwest Area Plan as “LDR to MDR” with Note 9) do not exceed 3.5 dwelling units per acre, so the staff team rounded up to 4 dwelling units per acre. | |||||||||
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Growth Management Plan | |||||||||
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The Growth Management Plan includes the following Guiding Principles which are relevant to this case: | |||||||||
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1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development. | |||||||||
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Analysis: O’Kelly Chapel Road and Pittard Sears Road are major thoroughfares that provide vehicular access to the subject parcels. Existing and planned water and sewer lines are both located adjacent to the site. | |||||||||
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2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions. | |||||||||
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Analysis: The property associated with this Comprehensive Plan Amendment request is located a little over one mile from the Alston Mixed Use Center, and is less than two miles from Research Triangle Park. As stated above, the subject parcels are located near available and planned infrastructure. | |||||||||
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3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals. | |||||||||
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Analysis: The Growth Management Plan and the Land Use Plan complement one another as volumes of the Town’s Comprehensive Plan. The proposed amendment represents a minimal increase in potential development yield for the site. However, this potential increase is counter-balanced by the fact that much of the Northwest Area is building out at densities significantly lower than those supported by the Northwest Area Plan. This is particularly true in the areas south and east of the subject parcels, where actual development densities have been roughly half that supported by the Northwest Plan. | |||||||||
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Affordable Housing Plan | |||||||||
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The Affordable Housing Plan includes the following three goals that may be relevant to this case: | |||||||||
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1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges. | |||||||||
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Analysis: The types of housing that would be consistent with this amendment includes conventional single-family, small-lot single-family, patio homes, and townhomes. The variety of these potential housing types may help to offer a more diverse range of housing stock on the subject parcels than that possible under the current land use designation (which only envisions single-family detached housing). | |||||||||
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2. 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 80% of area median. | |||||||||
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Analysis: This information has been provided to the applicant for consideration. At the level of a Comprehensive Plan Amendment, it is impossible to know whether or not the case will help further this goal. However, since moderate density housing in general is less expensive than low density housing, this amendment may somewhat improve the chances of affordability. | |||||||||
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3. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income. | |||||||||
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Analysis: The Town’s Land Development Ordinance, Community Appearance Manual, and Design Guidelines manual all direct the creation of a quality living environment for the citizens of Cary. Nearby public amenities include a proposed greenway and the American Tobacco Trail. | |||||||||
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Comprehensive Transportation Plan | |||||||||
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O’Kelly Chapel Road is designated as a Major Thoroughfare. | |||||||||
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Existing Section |
2-lane major thoroughfare, approximately 60’ R.O.W. | ||||||||
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Future Section |
4-lane divided with landscaped median, 100’ R.O.W. | ||||||||
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Sidewalks |
Sidewalk required on both sides | ||||||||
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Bicycle lanes |
Wide outside lanes required | ||||||||
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Transit |
To be determined | ||||||||
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Status of Planned Improvements |
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Pittard Sears Road is designated as a Local Road. | |||||||||
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Existing Section |
2-lane road, approximately 50’ R.O.W. | ||||||||
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Future Section |
2-lane road, approximately 60’ R.O.W. | ||||||||
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Sidewalks |
None | ||||||||
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Bicycle lanes |
None | ||||||||
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Transit |
To be determined | ||||||||
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Status of Planned Improvements |
None scheduled by the Town | ||||||||
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Parks And Greenways Master Plan | |||||||||
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The Parks and Greenways Master Plan does not show any parks or greenways within or adjacent to the subject parcels. | |||||||||
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Open Space and Historic Resources Plan | |||||||||
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APPLICANT’S JUSTIFICATION STATEMENT | |||||||||
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Provided below are the applicant’s responses to the Comprehensive Plan Amendment Justification Questions contained in the application form. (The application questions are repeated below). Please note that the statements below are that of the applicant and does not necessarily represent the views or opinions of the Town of Cary. | |||||||||
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How is the proposed request reasonable? In explaining how it is reasonable, please address the following, if applicable: | |||||||||
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1. Describe how the requested amendment is warranted due to changes in conditions, forecasts, or assumptions since the original Comprehensive Plan recommendations were developed. | |||||||||
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Response: The Comprehensive Plan for these parcels shows low density. The property we are requesting to be brought into Amberly is bounded by the approved Amberly PDD to the east and south and O’Kelly Chapel Road to the north and Pittard Sears Road to the north and west. The land use plan designates the land to the east of our property as low to medium density with a note that the density will not exceed 6 units per acre. We are proposing to move that designation west to Pittard Sears Road. This makes a definitive boundary for the low to medium density designation. Furthermore, the uses we are proposing are similar to what is already developing within the current AR portion of Amberly adjacent to our property. This is a logical extension of the current development. | |||||||||
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2. Describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arisen in this geographic area since the original Comprehensive Plan recommendations were developed. | |||||||||
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Response: Pittard Sears Road will serve as an excellent dividing line for the low to medium density land use designation. The area can support additional age-restricted housing. This is an excellent location for the extension of the current AR development. | |||||||||
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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. | |||||||||
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Response: There is already age-restricted housing in this area. The proposed PDD amendment only adds a net increase of 25 units to the overall AR parcels within Amberly. This is a negligible impact. | |||||||||
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4. Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan | |||||||||
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Response: The amendment is warranted due to the development patterns that have already occurred in the area. | |||||||||
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Comparison of Existing and Requested Land Use Plan Designations | |||||||||
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Current Land Use Designation |
Proposed Land Use Designation | |||||||
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Land Use |
Low Density Residential (LDR) |
Low Density Residential to Medium Density Residential (LDR to MDR) | |||||||
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Development Potential |
36 – 109 housing units on 36.61 acres |
36 – 219 housing units on 36.61 acres | |||||||
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Criteria for Consideration in Reviewing Comprehensive Plan Amendments | |||||||||
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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: | |||||||||
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1. A change in projections or assumptions from those on which the Comprehensive Plan is based: | |||||||||
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Staff Comment: In December 2005, the Chatham County Board of Commissioners and the Cary Town Council each adopted a resolution to create a joint land use plan between Jordan Lake and the Chatham County/Wake County line. The most recent draft of the Chatham/Cary Joint Land Use Plan (Draft Plan version 5), endorsed at the August 31, 2009 meeting of the Chatham-Cary Joint Issues Committee, recommends an average density of four units per acre for the subject parcels. These developments under the joint planning effort represent a policy change in assumptions. | |||||||||
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2. Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan; | |||||||||
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Staff Comment: The Chatham-Cary Joint Land Use Planning effort may also be considered a new issue, need, or opportunity. | |||||||||
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3. 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 | |||||||||
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Staff Comment: The Chatham-Cary Joint Land Use Planning effort may also be considered a change in policy. | |||||||||
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4. Identification of errors or omissions in the Comprehensive Plan. | |||||||||
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Staff Comment: None have been identified. | |||||||||
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Staff Analysis and Recommendation | |||||||||
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Amendment Request. This Comprehensive Plan Amendment is a request to change the land use designation for 40.11 acres from Low Density Residential (LDR) and “Parks, Buffers, Open Space, Community Recreation” (PKS) to “Low Density Residential to Medium Density Residential” (LDR to MDR) with an associated Northwest Area Plan note that limits density to no more than six units per acre. | |||||||||
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Associated Rezoning Case. With this case and an associated rezoning request, 09-REZ-10, the applicant proposes to add the portion of the subject parcels not already included within Amberly, to the Amberly Planned Development District (PDD). | |||||||||
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Compatibility with Adjacent Land Uses. The areas immediately east and south of the subject parcels have the same future land use designations in the adopted Northwest Area Plan as is being requested for the subject parcels (i.e., Low to Medium Density Residential, with a recommended limit of no more than six dwellings per acre). The subject parcels are bounded to the north and west by O’Kelly Chapel Road and Pittard Sears Road. Beyond those roads, the Northwest Plan recommends Very Low Density single-family land uses, with densities of no more than about one dwelling per acre when using conservation subdivision design, or about one dwelling per 2-5 acres when using conventional subdivision design. The area north of the subject site is already developed as the Rosemont Subdivision, with a density of about one dwelling per five acres. | |||||||||
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The current draft of the Chatham-Cary Joint Land Use Plan (i.e., draft version 5) differs very slightly from Cary’s Northwest Area Plan regarding the land use recommendations for the area immediately west of the subject parcels (i.e., on the west side of Pittard Sears Road). For those parcels, the draft Joint Plan recommends residential land uses at about one dwelling per acre, regardless of whether or not conservation subdivision design is used. | |||||||||
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The requested plan amendment is clearly compatible with areas located east and south of the site, since the request mirrors the land use recommendations already in place on those adjacent properties. Staff feels that a reasonable transition will exist between the properties north of the site, since the uses are separated by O’Kelly Chapel Road, which is planned as a four-lane median-divided thoroughfare. The scale of that future roadway section, coupled with its streetscape buffers, should provide for an ample transition between uses. | |||||||||
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Properties west of the site are also buffered by a roadway – Pittard Sears Road – planned as a four-lane thoroughfare. This smaller roadway, in conjunction with the standard required streetscape buffer, might or might not provide a sufficient density transition to the west. Whether or not the standard streetscape buffer will prove adequate will depend on the nature of the zoning proposed for the subject parcels. For example, the requested land use designation could result in rezoning requests for anywhere from one to six dwellings per acre. A conforming zoning request at the low end of that range would be similar enough to the land use densities west of the site that a standard streetscape buffer would be adequate. A conforming rezoning request at the high end of that range might justify the provision of a deeper streetscape buffer in order to form an effective transition. Staff feels that an appropriate transition can be made by choosing an appropriate streetscape buffer in conjunction with a rezoning request, either as part of the associated rezoning case 09-REZ-10, or as part of any future rezoning case. | |||||||||
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Recommendation | |||||||||
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Based on the above analysis items, staff recommends approval of this request. | |||||||||