Town of Cary, North Carolina
Comprehensive Plan Amendment Staff Report 11-CPA-05 Twyla Road
Town Council Meeting October 11, 2012
REQUEST
This Comprehensive Plan Amendment is a request by multiple property owners, for 73.31 acres along Twyla Road with some frontage on Green Hope School Road, to change their properties’ land use designations from Very Low Density Residential (VLDR) and Medium Density Residential (MDR), to Mixed Use (MXD).
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_ldopdf.shtml.
SUBJECT PARCELS
Property Owner(s) County Parcel Number(s)
(10-digit) Real Estate ID(s) Deeded Acreage Davenport, Edward C &
Patricia H 0734286448 0105925 2.10
Dayton, Dave Paul & Carol S 0735209448 0129571 5.20
Gilbert, Lawrence James &
Deborah S 0734390881 0155314 2.25
Gilbert, Lawrence J &
Deborah S 0734392943 0155315 2.61
Hilliard, Annie Ruth 0734392007 0031006 14.19
Hilliard, Todd Michael 0734380591 0199505 3.50
Hilliard, Craig S 0734282466 0138571 1.54
Holly, Barbara J 0734294807 0100217 1.50
Jones, Destry G & Catherine
K 0735209740 0105901 4.88
Kearns, Talbert Edward &
Elizabeth Blakely 0735209159 0105972 5.60
Olive, Winifred G 0735203489 0105971 2.50
Posson, Steve & Kristin 0735217059 0101553 0.52
Posson, Steve & Kristin S 0735209946 0135034 4.60
Rogers, Clinton D & Shannon
H 0734294217 0138570 1.66
Rogers, Milton H & Rita T 0734294217 0105927 3.40
Smith, Michael O & Vicki A 0734297619 0105973 3.75
Stephenson, Russell & Ellen
Longino 0734297234 0105923 3.75
Swingle, Sandra H 0734294615 0100216 1.50
Weldon, John A & Kristel M 0734286728 0127862 2.00
Wiggins, James David &
Elizabeth, W 0734288739 0141667 2.00
Young, Melissa A & Ellan W. 0735203991 0105900 4.26
Total Area 73.31
BACKGROUND INFORMATION
Applicant & Agent
J. W. Shearin
Innovative Development Solutions, Inc.
1252 NW Maynard Road, Suite 324 Cary, NC 27513
919-819-1481
Acreage 73.31 acres
General Location Properties along Twyla Road with some frontage on Green Hope School Road
Schedule
Town Council Public Hearing
January 10, 2012
Planning and Zoning Board Public Hearing
September 10, 2012
Town Council Action
October 11, 2012 Land Use Plan Designation Very Low Density Residential (VLDR), Medium Density Residential
(MDR), and Parks, Buffers, Open Space, Community Recreation (PKS) Existing Zoning District(s) Residential-40 (R-40)
Town Limits No
Staff Contact
Meredith Chandler, RLA, AICP Urban Designer/Senior Planner 919-460-4983
SUMMARY OF PROCESS AND ACTIONS TO DATE
Notification
On December 23, 2011, the Planning Department mailed notification of a public hearing on this request to property owners within 400 feet of the subject properties. Notification consistent with General Statutes was or will be published in the Cary News on December 28, 2011 and January 4, 2012. Notice of the public hearing was posted on the property December 28, 2011.
Town Council Public Hearing of January 10, 2012
Two citizens spoke at the Town Council public hearing held on January 10, 2012. The first citizen stated that after fighting a losing battle, I-540 now runs parallel to his property and touches neighboring property lines. He said that the Town and property owners will benefit by working together to make this area the vision of quality that has been planned. The second citizen stated that the Southwest Area Plan has thoughtful growth and redevelopment options built into it. He also stated that this proposal represents a positive outcome for neighbors who want to recoup their investment in their homes on Twyla Road, and has the potential to provide a high quality mixed use development. After the public hearing, Ms.
Robinson stated that green space is needed with this request. Council referred this Comprehensive Plan Amendment request to the Planning and Zoning Board.
Changes Since the Town Council Public Hearing
There have been no changes to this Comprehensive Plan Amendment request since the Town Council Public Hearing on January 10, 2012.
Planning and Zoning Board Public Hearing of September 10, 2012
The applicants’ representative presented the history of the Twyla Road Neighborhood and the Twyla Road LLC. Two citizens spoke in favor of the Comprehensive Plan Amendment request.
The board suggested that the land use designation of the Town-owned parcel at 1117 Twyla Road, as well as the Turnpike Authority property adjacent to 540, be amended to Mixed Use (MXD) in the near future. Multiple board members complimented the Twyla Road applicant group for providing a model on how a community can work together and be solution-oriented.
The Planning and Zoning Board voted 8-1 to recommend approval of this request. The dissenting vote was made because of concerns about the conceptual nature of the Morrisville Parkway interchange design and belief that Medium Density Residential (MDR) development may be a better fit in the area.
Changes Since the Planning and Zoning Board Public Hearing
There have been no changes to this Comprehensive Plan Amendment request since the Planning and Zoning Board public hearing on September 10, 2012.
COMPREHENSIVE PLAN SUMMARY
A. Northwest Area Plan and Southwest Area Plan
The governing document for slightly more than half of the subject properties is the Northwest Area Plan, and the governing document for the other portion of the properties is the Southwest Area Plan.
For the majority of the subject parcels, the current land use designation is Very Low Density Residential (VLDR). Very Low Density Residential (VLDR) is defined as single-family-detached residential dwellings having lot sizes of at least 2 – 3 acres.
Nearly one quarter of the subject property area has a land use designation of Medium Density Residential (MDR). This designation is defined as housing densities between 3 and 8 dwellings per acre and can include single-family-detached and semi-detached units, single-family-attached units, patio homes, duplexes and triplexes, and town houses.
A small portion of the subject parcels have the Parks, Buffers, Open Space, Community Recreation (PKS) land use designation. In the case of the subject parcels, the Parks (PKS) designation applies to the buffer adjacent to the Western Wake Freeway, and to anticipated buffer areas along a branch of Panther Creek.
The Southwest Area Plan’s Future Land Use Map also includes a note (Note 19) concerning the Twyla Road Neighborhood. Note 19 applies to the subject properties that currently have a Very Low Density Residential (VLDR) land use designation. The note states, “This existing neighborhood is designated as Very Low Density Residential (VLDR). Twyla Road residents may wish to revisit this designation upon construction of the proposed I-540 interchange at Morrisville Parkway Extension.” Note 19 was part of the Southwest Area Plan at the time of adoption in 2004, and was included because – at that time – it was uncertain whether or not the Western Wake Freeway would someday include an interchange at Morrisville Parkway, and in the interim the residents of Twyla Road hoped that their neighborhood could be maintained intact.
The applicants are proposing to change the Very Low Density Residential (VLDR) and Medium Density Residential (MDR) land use designations of the subject properties to Mixed Use (MXD). This land use category indicates that a mix of commercial, office, and medium to high density residential uses are desired for these land areas. Land uses may be mixed side by side on adjacent lots or sites, or as
individual spaces in a multi-tenant building, or vertically within buildings (such as retail with residential above).
Analysis: Both the Northwest Area and Southwest Area Plans have set the stage for reexamining future land use for the Twyla Road Neighborhood. The Twyla Road Neighborhood sets an example of how property owners can work together to pursue a common goal. A land use designation of Mixed Use (MXD) would be appropriate for this area, and may provide a better transition between the freeway and pending Morrisville Parkway interchange and the residential neighborhoods east of the Twyla Road Neighborhood.
B. Parks, Recreation & Cultural Resources Facilities Master Plan
According to the Parks, Recreation and Cultural Resources Master Plan, a small portion of the Green Hope School Greenway proposed along the north side of Panther Creek, is located in the northwest corner of the subject properties.
C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are relevant to this case:
1. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
2. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.
Analysis: It is appropriate to consider mixed use development and increased densities adjacent to a freeway and associated interchange.
D. Affordable Housing Plan
The Affordable Housing Plan includes the following goals that may be relevant to this case:
1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
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.
Analysis: Medium to high density residential development within a mixed use development has the potential to support the goals of the Affordable Housing Plan.
E. Comprehensive Transportation Plan Twyla Road is designated as a local road.
Existing Section: 2 lanes, approx. 60-foot ROW Future Section: 2 lanes, 50-foot ROW
Sidewalks: Would be required on at least one side of the road Bicycle Lanes: N/A
Transit: No transit requirements
Green Hope School Road is designated as a Major Thoroughfare.
Existing Section: 2 lanes, approx. 70-foot ROW Future Section: 3 lanes, 70-foot ROW
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes required Transit: No transit requirements
Access to Transit: The closest existing transit service to the subject properties is Triangle Transit Route 311, which provides service along NC Highway 55, approximately one mile east of the site. At present, the closest C-Tran fixed route service terminates at the intersection of High House Road and NC 55, approximately two and a quarter miles from the site. The long-range expansion plan for C-Tran
fixed route service currently envisions a route along Green Level Church Road, approximately three quarters of a mile west of the site.
F. Open Space Plan
According to the Open Space Plan, a small portion of the subject properties includes bottomland forest/hardwood swamps and mixed hardwoods/conifers.
G. Historic Preservation Master Plan
According to the Historic Preservation Master Plan, there are no known historic resources on the subject properties.
STAFF RECOMENDATION
Staff recommends approval of this request. A land use designation of Mixed Use (MXD) would be appropriate for this area, and should provide a better transition between the freeway and pending Morrisville Parkway interchange and the residential neighborhoods east of the Twyla Road Neighborhood.
APPLICANT’S JUSTIFICATION STATEMENT
Provided below are the applicant’s responses to the Comprehensive Plan Amendment justification questions contained in the application form. (The application questions are repeated). Please note that the statements below are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.
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.
Response: Most of these parcels are developed as 2 to 5 acres lots with single family homes. These residents moved to here in the 1980s to a rural agricultural area. As the Town of Cary began expanding to the west beyond Highway 55, rezoning and land use plan amendments were proposed near their homes. Consistently, this neighborhood fought to keep their existing way of life in western Wake County.
Many expressed their feelings at many public hearings and letters to Town Council members. Then I - 540 was proposed in western Wake with 3 alternate routes. Again the residents fought to keep the impact away from their neighborhood. However the decision of the alignment put the I-540 right in their backyards. Next, the Town of Cary developed the Southwest Area Plan to identify future land uses for this area. The residents requested to keep low impact uses around them. The Town proposed residential uses anywhere from 1 to 8 units an acre. This is considerably denser than their properties, along with proposing to split the center of the neighborhood with the extension of Morrisville Parkway to I-540. In addition, adding a proposed interchange there.
Town staff upon seeing the issues realized the future impact to this neighborhood, thus on the Southwest Area Plan there is Note 19 which states, “This existing neighborhood is designated as VLDR. Twyla Road residents may wish to revisit this designation upon construction of the proposed I-540 interchange of Morrisville Parkway Extension.”
This time has come and the residents now desire to be part of a process to help the Twyla Road area land uses coincide with the Morrisville Parkway interchange to benefit both the Town and their ability to deal with these impacts.
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.
Response: See #1 above.
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.
Response: The residents request is consistent with a recommendation on the Southwest Area Plan to revisit this area in the future. This is fully explained in #1 above.
4. Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan.
Response: There are no errors on the current plan, just recommendations that the residents now wish to participate in with this request. See Note 19 on the Southwest Area Plan.
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:
1. A change in projections or assumptions from those on which the Comprehensive Plan is based;
Analysis: None identified.
2. Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
Analysis: Both the Northwest Area and Southwest Area Plans have set the stage for reexamining future land use for the Twyla Road Neighborhood. With the construction of freeway on the west side of the Twyla Road Neighborhood, and the future construction of the Morrisville Parkway interchange near the middle of this neighborhood, the time has come to reevaluate the future land use designation for this area.
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
Analysis: None identified.
4. Identification of errors or omissions in the Comprehensive Plan.
Analysis: None identified.