Town of Cary , North Carolina

Staff Report to the Town Council   

Case 08-REZ-13 White Oak Church

 

Request

The applicant is requesting that the Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for an area of approximately 45 acres from Residential 40 Wake County (R-40W) to Office and Institutional Conditional Use (OI-CU), Residential 40 (R-40) and Residential 40 Conditional Use (R-40-CU).  The specific properties and proposed zoning designations are detailed in this report.

 

A Comprehensive Plan Amendment, (08-CPA-03), was considered in association with this request.  An annexation request (08-A-13) is also being considered in conjunction with this case.  Annexation into the Town’s corporate limits and application of Cary Zoning to the subject property would also apply the Conservation Residential Overlay District, Very Low Density Conservation Residential subdistrict and the Watershed Protection Overlay District for Jordan Lake.

 

Background Information

 

 

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use 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 rezoning 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://www.amlegal.com/library/nc/cary.shtml.

 

Notification

On October 16, 2008, notices of the public hearing on the request were mailed to property owners within 400 feet of the subject property.  A second mailing was sent by staff on October 20, 2008 to correct road labeling errors on the vicinity map in the first mailing.  In addition, notification consistent with General Statutes was published in the Cary News on October 15 and 22, 2008. Notification of a second public hearing, to be held at the Planning and Zoning Board Meeting, was published in the Cary News on November 5 and 12, 2008.

 

Initial Request

The applicant’s initial request was for R-40 Zoning on property where the White Oak Church sanctuary, cemetery and pastor’s home are located.  The request also sought OI-CU zoning for the property where Wake County granted a Special Use Permit for a church resource building and for the property where the applicant proposed a Life Care Community. 

 

Feedback at the Town Council Public Hearing (October 30, 2008)

Staff presented the request and reported on the feedback received through Neighborhood America. Several adjacent property owners voiced strong opposition to the proposed land use.  The applicant expressed the needs of members of the White Oak Church congregation to have senior housing in the community.  Council raised concerns about the traffic impacts that might be generated with the additional types of uses being proposed, and the appropriateness of the proposed land use.

 

Feedback at the Planning and Zoning Board Public Hearing (November 17, 2008)

Several adjacent property owners spoke in opposition to the request for the Life Care Community.  In voicing opposition, citizens expressed concerns that the proposed use was inconsistent with the Comprehensive Land Use Plan.  Two citizens expressed concern that the proposed OI-CU  zoning could be considered spot zoning.  The Board asked if this would be the case.  Staff responded that many factors go into making that determination and that an assemblage of properties might be considered for a rezoning, such as the one proposed, without being considered as spot zoning. 

 

The Board asked staff to report on the Town’s ability to provide emergency services to the subject property.  Staff reported that Cary’s Fire and Public Works Departments were prepared to respond to the location if it is annexed in to the Town of Cary Corporate Limits.   Many of the Board members stated that the proposed Life Care Community was not an appropriate use for the subject property because of its distance from other services such as drug stores, shopping and medical facilities. 

 

Planning and Zoning Board Recommendation

The Planning and Zoning Board recommended 7-2 that Town Council deny the rezoning request.

 

Changes Since the Town Council and Planning and Zoning Board Public Hearings

The applicant significantly modified the rezoning request as follows. 

 

For parcels identified by Wake County Real Estate ID Numbers: 0097695 (6.9 acres), 0103462 (1.65 acres) and a portion of parcel 0090482 (east of White Oak Church Road 2.10 acres), the proposed zoning is R-40.   This represents the properties where the existing church, church cemetery and pastor’s home are located.

 

For parcels identified by Wake County Real Estate ID Numbers 0339572 (19.93 acres), 0095169 (10.39 acres), and 0080851 (2.45 acres), the proposed zoning is R-40-CU.  The condition proposed by the applicant is that the buffer adjacent to the American Tobacco Trail shall be an average width of 75 feet with a minimum width of 50 feet.  This property is currently vacant.

 

For the subject property identified by Wake County Real Estate ID 0094140 (1.74 acres), and a portion of Tract 0090482 (west of White Oak Church Road on approximately 0.1 acres), the proposed zoning is OI-CU.  The conditions proposed by the applicant are that the uses shall be limited to religious assembly and assembly.  This property is the future site of the White Oak Church resource center which was approved under Wake County’s planning jurisdiction through a Special Use Permit.

 

In summary, the applicant removed the request for OI-CU Zoning for all portions of the subject property with the exception of the property where the White Oak Church resource building is planned.

 

The following is a synopsis of the initial uses and conditions that were presented at the public hearings:

 

Previously Proposed Zoning and Conditions	Current Proposal
For tracts identified with Wake County REAL ID: 0095169 (10.39 acres), 0094140 (1.76 acres), 0080851 (2.45), 0339572 (19.93), and a portion of Tract 0090482 (west of White Oak Church Road .13 acres), the proposed zoning is OI-CU and the uses shall be limited to life care community, nursing home, religious assembly and assembly.	For parcels identified by Wake County Real Estate ID Numbers, 0095169 (10.39 acres), 0339572 (19.93) and 0080851 (2.45), the proposed zoning is R-40-CU.  The condition proposed by the applicant is as follows: The buffer adjacent to the American Tobacco Trail shall be an average of 75 feet with a minimum of 50 feet.   (Synopsis: Request for Life Care Community and nursing home removed.  OI-CU use is limited now only to the property where the resources center is proposed.)
The buffer adjacent to the American Tobacco Trail shall be an average of 75 feet with a minimum of 50 feet.	For parcels identified by Wake County Real Estate ID Numbers, 0095169 (10.39 acres), 0339572 (19.93) and 0080851 (2.45), the proposed zoning is R-40-CU.  The condition proposed by the applicant is as follows: The buffer adjacent to the American Tobacco Trail shall be an average of 75 feet with a minimum of 50 feet.   (Synopsis: No change for the properties that abut the American Tobacco Trial.)
For tracts identified with Wake County REAL ID: 0095169 (10.39 acres), 0094140 (1.76 acres), 0080851 (2.45), 0339572 (19.93), and a portion of Tract 0090482 (west of White Oak Church Road .13 acres) the maximum number of dwelling units proposed is 31 cottages, 120 independent living (seniors) and 130 assisted living.	For the subject property identified by Wake County Real Estate ID numbers 0094140 (1.76 acres), and a portion of Tract 0090482 (west of White Oak Church Road on approximately 0.11 acres), the proposed zoning is OI-CU.  The condition proposed by the applicant is:   The uses shall be limited to religious assembly and assembly.   (Synopsis: All Life Care Community uses removed.  OI&CU only applies to the property where the church resource building is planned.)
Exterior light poles shall not exceed 26 feet in height.	Removed; Land Development Ordinance Standards will apply.
Within 200 feet of all property lines and rights-of-way, the building height shall be a maximum of two (2) occupied stories.  Otherwise, the building height shall be a maximum of four (4) occupied stories.	Removed; Land Development Ordinance Standards will apply

 

 

Staff Observation

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, staff has reviewed the application and information provided prior to this meeting, and the analysis by staff is that the request is consistent with the goals and objectives of the Comprehensive Plan and the Land Development Ordinance.   

 

Public Comment:

 

Public Commentary is available for this request by clicking here.

Results from Public Commentary is available by clicking link at the bottom of this datasheet.

 

Applicable Comprehensive or Area Plan Recommendations:

 

A. Land Use Plan: 

 

Current Plan

The governing land use element of Cary’s Comprehensive Plan for the subject parcels is the Southwest Area Plan, originally adopted in August 2004.  The Southwest Area Plan identifies the subject parcels as Conservation Residential, Very Low Density (VLCR).  The boundaries of this land use category are depicted on the Southwest Plan’s Map 1, Future Land Use, and include the area located east of the American Tobacco Trail and west of Flat Branch, and the area designated as Low Density Conservation Residential (LCR).  Development within the VLCR area is recommended primarily for single-family detached housing.  For conventional subdivisions, it is recommended that lot sizes be at least two acres.  For conservation subdivisions (i.e., for subdivisions developed using conservation subdivision design principles), the recommended lot sizes should be no less than about 20,000 square feet, provided that overall gross density doesn’t exceed one unit per acre. 

 

Associated Plan Amendment

Prior to submission of this rezoning case, the applicants had submitted a related Comprehensive Plan Amendment (case 08-CPA-03 White Oak Church).  That case proposed text amendments to the Southwest Area Plan that would have provided support for considering – on a case-by-case basis – the inclusion of schools, churches, daycare, nursing homes, or life care communities within either the VLCR or the LCR land use categories.  At their October 30, 2008, the Town Council voted to deny the amendment request.

 

Pending Plan Amendments

Case 08-CPA-02SWAP Update is currently proposing amendments to the Southwest Area Plan.  The case  includes a package of amendments associated with the LDO Round 10 amendments to the Conservation Residential Overlay Zoning District.  On November 10, 2008, the Town Council  and the Planning and Zoning Board discussed these items at a joint work session.  The Planning Board will hold a second work session on the LDO amendments to the Conservation Overlay District and on case 08-CPA-02 on December 8, 2008.  The Board is scheduled to take final action on these cases on December 15, 2008.  

Case 08-CPA-02 includes revisions to the definition of the VLCR land use category.  Under the proposed revisions it is recommended that lot sizes for conventional subdivisions be at least 40,000 square feet.  For conservation subdivisions, the recommended lot sizes should be no less than about 15,000 square feet, provided that overall gross density doesn’t exceed 1.5 units per acre.  Also, for parcels having more than about 20-30% of land area impacted by regulatory floodplain or Urban Transition Buffers, lot sizes as small as 6,000-8,000 square feet are acceptable. 

Land Use Plan Conformance

The portion of this case that concerns the revised request for R-40 and R-40-CU district, in conjunction with the Conservation Residential Overlay District, Very Low Density Conservation Residential subdistrict (VLCR), clearly conforms with the land use recommendations of the Southwest Area Plan. The portion of this case that concerns the request for OI-CU zoning (limited to assembly and religious assembly use) is not specifically supported in the Plan’s definition for VLCR.  However, the religious assembly use is allowed in any event as a permitted or special use under the R-40 base zoning that exists elsewhere throughout the Conservation Overlay District.  Further, Wake County has already approved the use and site plan for the 1.87 acres proposed as OI-CU.  Those two considerations provide reasonable grounds for support of the OI-CU request, despite the lack of strict conformance to the definition of VLCR given in the Southwest Area Plan.   

 

B.  Comprehensive Transportation Plan:  
Existing Section:  2-lane road; approximately 60 feet of right-of-way

Future Section:  2-lane rural collector road, with left turns where warranted, 70 feet of right-of-way

Road Improvements:  None scheduled by the Town

Sidewalks Requirements: None per rural road design standards

Bicycle Requirements: 4-foot paved shoulders per rural road design standards

Transit Requirements:  None

 

C.  Parks & Greenways Master Plan:  Greenway Map
According to the approved Parks, Recreation, and Cultural Resources Master Plan, there are no issues related to this site.  A recreation payment-in-lieu will be required for residential development, in accordance with the Land Development Ordinance. 

 

D.  Open Space and Historic Resources Plan: 

Large portions of the subject parcels were identified as “potential open space” in the 2001 Open Space and Historic Resources Plan, meaning that the parcels contained priority open space resources worthy of consideration for the Town’s open space system.  The highest-ranked open space resources are located along the two streams on the west side of White Oak Church Road and are characterized by mixed hardwoods and conifers.  Those high-ranked riverine woodlands are surrounded by lower-ranked areas of upland mixed hardwood and conifer forest. 

There are no identified historic resources associated with the subject parcels.

 

E.  Affordable Housing Plan: 
The Town’s Affordable Housing Plan includes the following two goals and objectives that bear on this rezoning request:

1.       Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

Staff observation:  There is insufficient information at this point to determine how the properties proposed for R-40 and R-40-CU might develop in the future, and the extent to which future development may or may not further this goal of the Housing Plan.

2.  Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income. 

Staff observation:  There is insufficient information at this point to determine how the properties proposed for R-40 and R-40-CU might develop in the future, and the extent to which future development may or may not further this goal of the Housing Plan. 

 

F.  Growth Management Plan:  The Growth Management Plan includes the following three Guiding Principles that are relevant to this case: 

1.       Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The first part of Principle L1 (“Concentrate growth near existing and planned employment centers”) refers to placing housing and jobs in close proximity, providing a synergy between employment centers and workforce housing.  The subject parcels are located within an area identified in the Comprehensive Plan as being preferred for very low density development, and the proposed zoning conforms to that vision.  The subject parcels are located approximately seven miles from Research Triangle Park.  The second part of Principle L1 (“Concentrate growth near ... available and planned infrastructure to minimize costly service-area extensions”) is aimed at discouraging “leap-frog” development, and encouraging development contiguous with existing Town limits.  The subject rezoning is located approximately 0.6-0.7 miles south and west of the Copperleaf PDD and Woodlands at Green Level.   

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

Analysis:  It is difficult to ascertain the extent to which future development on the subject parcels might protect natural resources and open space.  The nature and extent of such protection would be negotiated, approved, and determined as part of the rezoning and/or site plan approval process

3.       Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis:  In general, the southwest area is not designated as a preferred growth area in which higher densities are encouraged.  The proposed rezoning conforms with the lower densities planned for this area. 

 

Consistency with the Land Development Ordinance

 

G. Traffic Analysis:  Since the base zoning of the majority of the subject property is requested for rezoning from R-40 Wake County to R-40-CU, there does not appear to be any net increase in AM or PM peak trips.  Currently an 11,214 SF church is located on the parcel with a previous base zoning of R-40 Wake County.  So, an 11,214 SF church would generate 7 AM and 7 PM peak hour trips.  The base zoning for that 2.07 acre R-40 would generate 2 AM and 2 PM peak hour trips.  There would be a net 5 AM and 5 PM peak hour trips increase.  Additionally, the 1.74 acre parcel across the street being proposed for an OI-CU zoning will house a 6,921SF church assembly building, which would generate 4 AM and 4 PM peak hour trips.  The base zoning of R-40 for that 1.74 acre parcel would generate 2 AM and 2 PM peak hour trips.  There would be 2 AM and 2 PM peak hour increase for that parcel.  For the entire site, there would be a 7 AM and 7 PM peak hour trip net increase which would not require a traffic study.  All peak hour trip calculations are based on the 8^th edition of the ITE Trip Generation Manual required by Cary’s Adequate Public Facilities Ordinance (APFO). If, in the future, the church were to add a day care use or a school, the traffic would have to be reevaluated at that time and a traffic impact study may be required.

 

In response to concerns raised by some members of the Planning and Zoning Board, Engineering ran a crash analysis of the intersection of White Oak Church Road and Green Level West as well as the entire section of White Oak Church Road.  From 10/1/2005 to 9/30/2008, the intersection of White Oak Church Road and Green Level West Road showed one crash in October 2005.  From 10/1/2005 to 9/30/2008, White Oak Church Road had five total crashes.  Three of the five were fixed object crashes with trees.  In two of the cases,  drivers younger than 30 were involved.  Engineering did not observe a pattern of crashes involving "older drivers".  Also, as far as traffic volumes are concerned, White Oak Church Road has an AADT (Average Annual Daily Traffic) of 680 vpd.  Engineering staff has indicated that the section in front of the church is considered a local road in the Comprehensive Transportation Plan. The volumes would support that as well.

 

H.  Environmental:  
According to the Town of Cary GIS maps, there are 50-foot stream buffers on the subject property. The proposed project would be required to comply with all buffer requirements of the Land Development Ordinance during the site plan review.

 

I.  Buffers: 
According to Chapter 7 of the Land Development Ordinance, assembly uses require a 40-foot-wide type A Buffer when adjacent to single-family residential homes on lots 8,000 square feet and greater.  A 20-foot-wide Type B (semi-opaque) Buffer is required between single-family residential use on lots greater than 8,000 square feet and the American Tobacco Trail.  The applicant has proposed a zoning condition that would provide an average buffer width of 75 feet with a minimum buffer width of 50 feet.  

 

J.  Streetscape: 
White Oak Church Road is designated as a local road.  According to Chapter 7 of the LDO, non-residential developments located on local or private streets shall provide a 15-foot streetscape.  In situations where property across the street is zoned or used for residential purposes, the streetscape shall be installed in accordance with the Type A standards. 

 

The proposed project is in the rezoning stage and, therefore, preliminary engineering of the site has not been provided to staff.  Prior to site plan or subdivision plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

 

Existing and Requested Zoning District Comparison

District Regulations	Existing Zoning R-40W	Requested Zoning OI-CU
Maximum Gross Density (du/ac)	1.00	N/A
Minimum Lot Size (sq. ft.)	40,000 (May be reduced to 20,000 under cluster subdivision.)	N/A
Minimum Width at Building Line	110’	N/A
Side Yard Setback	15’	N/A
Front Setback	30’	15’ Streetscape
Rear Yard Setback	30’	N/A
Maximum Building Height	35’	35’/50’*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*If a structure is within 100 feet of a residential zoning district boundary, the maximum height is 35 feet. If a structure is more than 100 feet from a residential zoning district boundary, the maximum height is 50 feet.

 

Existing and Requested Zoning District Comparison

District Regulations	Existing Zoning R-40-W	Requested Zoning R-40 & R-40 CU
Maximum Gross Density (du/ac)	1.00	1.08
Minimum Lot Size (sq. ft.)	40,000 (May be reduced to 20,000 under cluster subdivision.)	40,000
Minimum Width at Building Line	110’	150’ (160” for corner lot)
Side Yard Setback	15’	20’
Front Setback	30’	From thoroughfare: 50’ From collector: 30’ From other streets: 20’
Rear Yard Setback	30’	30’
Maximum Building Height	35’	35’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOWn council  Criteria for Consideration in Reviewing Rezonings:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing rezonings:

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact.

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO).

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation, and utility facilities and services to the subject property while maintaining sufficient levels of service

         to existing development.

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.

5.             The proposed rezoning will have no significant adverse impacts on property in the vicinity of the subject tract.

6.             The proposed zoning classification is suitable for the subject property.

 

Other Reference Information

 

Applicant’s Justification Statement Submitted December 2, 2008  Part 6A:

 

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) and do not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality, or the physical features are at the direction of the applicant and may be formulated into a condition:

 

1. Any issues with the size of the tracts?

 The size of the tracts is conducive to the uses being proposed.

 

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?

The property is located in the Southwest Area Land Use Plan.  With the revised zoning conditions, the case is now in compliance with the Southwest Area Plan.

 

 

3. What are the benefits and detriments to the owner, neighbors and the community?

The existing White Oak Baptist Church has been part of this community since 1865.  The R-40 request includes the property for the church, cemetery and associate pastors’ house.  This zoning classification is compatible with the existing zoning in the area.  The R-40-CU request is also compatible with the existing zoning in the area.  We kept the zoning condition for a buffer adjacent to the American Tobacco Trail.  The OI-CU request includes land the Church owns and where the Church is currently building a resource building.  The uses have been limited to religious assembly and assembly which is how the LDO classifies the proposed resource building.  

 

 

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?

 

The allowable uses are compatible with what is currently in the area.  Furthermore, the regulations in the LDO will adequately protect adjacent property owners.

 

On-Line Public Feedback

In keeping with Town Council policy regarding citizen involvement in the planning & development process, we have created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, you can also use the associated "Public Comment" page to share your opinions and concerns. Your feedback will be made available to other residents, the Town Council, the Planning & Zoning Board, and the applicant as this item is evaluated and considered over the next few months.

While this capability is still in the "test stage," we hope you find this new feature useful!

 

Click here to view comments received so far.

 

 

 

Ordinance for Consideration

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 45.23  ACRES, LOCATED AT WHITE OAK CHURCH ROAD, OWNED BY RIVER BIRCH MANAGEMENT COMPANY AND WHITE OAK BAPTIST CHURCH  BY REZONING FROM RESIDENTIAL 40 WAKE COUNTY (R-40W)  TO OFFICE AND INSTITUTIONAL CONDITONAL USE (OI-CU), RESIDENTIAL 40 (R-40) AND RESIDENTIAL 40 CONDITONAL USE (R40-CU).  APPLICATION OF CARY ZONING TO THE SUBJECT PROPERTY WILL ALSO APPLY THE CONSERVATION RESIDENTAIL Overlay District and the Watershed Protection Overlay District for Jordan Lake.

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

 

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows:

 

  

Section 2:  That this Property is rezoned from Residential 40 Wake County to Office and Institutional Conditional Use (OI-CU), Residential 40 Conditional Use (R-40-CU) and Residential 40, subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

 

Section 3.  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are: 

 

For parcels identified by Wake County Real Estate ID Numbers, 0095169 (10.39 acres), 0339572 (19.93) and 0080851 (2.45), the proposed zoning is R-40-CU.  The condition proposed by the applicant is as follows:

• The buffer adjacent to the American Tobacco Trail shall be an average width of 75 feet with a minimum width of 50 feet.

 

For the subject property identified by Wake County Real Estate ID numbers 0094140 (1.76 acres), and a portion of Tract 0090482 (west of White Oak Church Road on approximately 0.11 acres), the proposed zoning is OI-CU.  The condition proposed by the applicant is:

 

• The uses shall be limited to religious assembly and assembly.

 

These conditions address use of the subject property and conformance to ordinances and to officially adopted plans and address reasonably expected impacts to be generated by the development and the use of the Property.

Section 4:  This ordinance shall be effective on the date of adoption.

Adopted and effective:  December 11, 2008

 

Harold Weinbrecht, Jr. Mayor		Date