Staff Report for Planning and Zoning Board
Meeting Date: February 26, 2018
17-ACT-03 Land Development Ordinance Amendments
Purpose: Provide written recommendation regarding consistency with the Imagine Cary Community Plan Prepared by: Cassie Schumacher-Georgopoulos, Development Services
Speakers: Cassie Schumacher-Georgopoulos, Development Services
Executive Summary: The proposed Land Development Ordinance (LDO) amendments include changes pertaining to streetscapes in a portion of the Carpenter Special Planning Area, ground signs in multi-occupant developments, terminology related to building heights, and authorization to accept payment in-lieu-of certain required improvements.
Planning and Zoning Board Recommendation: To be provided after the Planning and Zoning Board meeting.
The Planning and Zoning Board should review the LDO amendments to determine if they are consistent with the Imagine Cary Community Plan.
PURPOSE AND IMPORTANCE OF LAND DEVELOPMENT ORDINANCE AMENDMENTS Implementing Policies of the Imagine Cary Community Plan
that are Expressed though the Built Environment
The Imagine Cary Community Plan (also referred to herein as “Plan”), adopted January 24, 2017, lays out a vision for the future of the Town created through an extensive and
collaborative community planning process. That vision will come to life over the next two decades through completion of action items identified in the Plan. These action items are the implementation measures that support the policies and initiatives of the Plan. The cumulative result of these actions will be to achieve the vision created through the Imagine Cary community planning effort.
Aspects of the Imagine Cary Community Plan that relate to the built environment are implemented in large part through the Town’s development regulations. These regulations are designed to foster the creation of sustainable and vibrant neighborhoods and a strong business community, while preserving the community character that is recognized as
uniquely Cary. This occurs as a cumulative effect of the development and redevelopment of individual parcels and tracts in accordance with the regulations contained in the Land Development Ordinance. LDO amendments are brought forward for public hearing and council consideration for a variety of purposes, as categorized below (see attached document for a more detailed description of each category).
PROPOSED ACT-03 LDO AMENDMENTS
The proposed amendments are listed in the following table and summarized below. The specific text changes proposed are provided in an attached document.
Proposed ACT-03 AMENDMENT ITEMS
Key Purpose(s) of Amendment Item Implement
Major Plan Initiative
Incremental Change Supporting Major Plan Initiative
Legal
Compliance Process Improvement
Technical Clarification or Correction
ITEM A Carpenter Historic Character Preservation Streetscape
✓ ✓
ITEM B Minor and Technical Amendments
1. Ground Signs
✓
2. Payment in-lieu-of
Required Improvements
✓
3. Terminology related to
building heights
✓
ITEM A - Carpenter Historic Character Preservation Streetscape
In a Memorandum of Agreement (MOA) approved by Town Council at its May 10, 2017 meeting, and signed by consulting parties (the Town of Cary, the Army Corps of Engineers and the State Historic Preservation Office), the Town agreed to consider text amendments that would create new streetscape standards for new development along certain sections of Morrisville-Carpenter Road, Good Hope Church Road, Louis Stephens Drive, and Saunders Grove Lane in the Carpenter community. The increased streetscape standards would minimize aesthetic impacts on the Carpenter National Register District from the Carpenter Fire Station Road Realignment and Grade Separation Project, and would also serve to reinforce and complement the historic character of Carpenter as recommended in policy 8 of the Historic Carpenter Future Growth Framework section of the Cary Community Plan’s Carpenter Special Planning Area.
The proposed amendments would increase the required streetscape width for new non- residential development along sections of Morrisville-Carpenter Road and Louis Stephens Drive from a width of 30 feet to a width of 50 feet, and would increase the required streetscape width for new residential and non-residential development along sections of Good Hope Church Road and Saunders Grove Lane from a width of 30 feet to a width of 50 feet. The proposed amendments would also include special planting requirements designed to create, from the road, a view of naturally-occurring, indigenous upper- and under-story trees, with an evergreen understory component to screen new development. The
amendment would allow for breaks in the streetscape where necessary to allow historic structures to remain visible from the roadway.
Staff is in the process of acquiring property in the subject area for the Carpenter Fire Station
Road Realignment and Grade Separation Project. Consequently, some of the subject road sections will be realigned and/or re-named in coming months and years. If Council approves the streetscape amendments proposed in this staff report, staff will plan to return to Council on a later date to update these streetscape requirements along new or re-named road segments.
LDO Sections revised: Section 7.2.4(C), Section 7.2.4(D)(2), Section 7.2.4(D)(3), Section 7.2.10(A)(5)
December 14, 2017 Town Council Public Hearing
Richard Banks, speaking on behalf of Good Hope Baptist Church, said the proposed Historic Character Preservation Streetscape would affect the church’s future expansion plans, and asked for an exception to be made for the church’s property.
Council Discussion: Council asked staff to investigate and report back to Council on whether there is a process for requesting flexibility or relief from streetscape requirements.
Weinbrecht asked staff to contact the speaker about the raised concerns.
Staff Follow-up: Staff reached out to Mr. Banks in early January, but as of the date of this report, no contact has been made. Staff will update the Board at its February 26th meeting
of any further communications. Staff has also determined that Section 7.2.10 of the LDO permits the Planning Director or Town Council reduce streetscape requirements, when certain findings are made.
ITEM B – Minor and Technical Amendments
1. Expand design options for ground signs in multi-occupant developments.
Currently, all ground signs within a multi-occupant development, such as an office park, must be consistent in style, illumination, color, and material, even though architectural design, materials, and color of individual buildings may vary. The proposed
amendment would require that master sign plans include at least one unifying design element for ground signs, but would not require uniformity of multiple design features.
Where specific design characteristics are not specified in the master sign plan, the provisions of Section 9.2.2 would apply, requiring ground signs to match or be
architecturally compatible with materials, style, and color of the principal building. This flexibility would allow outdated signs in older developments to be replaced and
modernized, while maintaining a high standard for appearance.
Dated Sign Style - consistent with 1989 Uniform Sign Plan for Keisler Office Park
Example of Alternative Sign Design - incorporates address at top of sign as a unifying element
Sign in relation to building, with materials and design compatible with building
Closer view of sign
LDO Section revised: 9.2.8(C)
2. Authorization of payment-in-lieu of required improvements for Town projects.
A recent development project on Town owned property has brought an oversight in the LDO to the attention of staff. The LDO permits a payment-in-lieu of construction for required road or utility improvements; Town staff may approve full payments in lieu of construction (100%), while approval of a partial (or 0%) payment in lieu require approval by Town Council following a quasi-judicial public hearing. When the Town is the applicant for a project, requests for partial (or 0%) payments in lieu would present a conflict of interest for the Town Council, as both the property owner and the “judge”
in the quasi-judicial case. The LDO currently authorizes the Planning Director to approve all minor modification requests (LDO Section 3.19) regarding proposed development on Town property; failure to specify a similar process for payment in lieu requests was an oversight in past LDO amendment rounds. This amendment would conform the payment in lieu modification process to the minor modification process for Town-owned properties or Town projects, permitting the Transportation and Facilities Director or Water Resources Director, as appropriate, to act on those requests.
LDO Section revised: 8.1.5(A)
3. Clarify terminology related to building heights
Table 6.1-3 (Table of Density and Dimensional Standards) specifies a minimum height of 20 feet for new structures. The intent of this section is to establish a minimum
height for buildings. A masonry ground sign, subject to a maximum height of 54 inches, is an example of a structure that is not a building. The proposed amendment simply replaces the term “structure” with “building” to clarify the intent of this section and eliminate contradictory language within the LDO.
LDO Section revised: Table 6.1-3
December 14, 2017 Town Council Public Hearing
There were no speakers and no questions or comments from council at the public hearing.
Changes Since the Public Hearing
Language was added to Section 8.1.5 to encompass all Town projects, whether or not the projects are located on Town property.
Next Steps: After the Planning and Zoning Board makes its determination of consistency and recommendation on the proposed LDO amendments, Town Council may consider action on the request.
Tentative* SCHEDULE:
Public Hearing December 14, 2017
Planning and Zoning Board Meeting February 26, 2018 Final Action by Town Council March, 2018
Effective March, 2018
*Italicized dates are tentative.
FISCAL IMPACT:
No net fiscal impact is expected as result of these changes.
#2987 History:
02/26/18 Planning and Zoning Board APPROVED
Schumacher-Georgopoulos presented information from staff’s report.
There were no questions regarding the LDO amendment. Evangelista pointed out that the board had the opportunity to review this at a work session and ask questions at that time.
He noted that work sessions are open to the public.
Motion: I move that the board forward LDO Amendment ACT-03 to Town Council with a recommendation for approval as it is consistent with the Comprehensive Plan and all other applicable plans and is reasonable and in the public interest for the reasons discussed.
