Town of Cary , North Carolina
Special Use Staff Report
09-SU-003 – College Park Baptist Church
Town Council Public Hearing
March 23, 2010

REQUEST
The applicant has requested Town Council consideration of a special use permit to allow establishment of a religious assembly use on a 4.30-acre parcel located in the Residential 40 (R-40) zoning district.

Location: 910 Twyla Road; northeast quadrant of the intersection of Green Hope School Road with Twyla Road
Within Town Limits: No; this application is accompanied by an annexation petition (10-A-02
Within ETJ: Yes
Proposed Use: 10,500 square feet of Religious Assembly uses
Associated Site Plan: 09-SP-022 – plan for development of 5,600 square feet of religious assembly uses

NOTES:
Special uses are generally compatible with other land uses permitted in the zoning district. However, because of the unique characteristics or potential impacts on the surrounding neighborhood and on the Town as a whole, they require individual consideration as to location, design, configuration, and/or operation at a particular location. [LDO Sec. 3.8.1(A)].

In accordance with Section 3.8.1(B) of the Land Development Ordinance (LDO), an associated site plan is being reviewed in conjunction with this special use permit application.

In accordance with the LDO, the Town Council must follow quasi-judicial procedures when deciding special use permits.

SUBJECT PARCEL

Property Owner	Wake County Parcel Identification Number (PIN) (10-digit)	Real Estate ID Number	Deeded Acreage
College Park Baptist Church 3761 Northwest Cary Parkway Cary, NC 27513-8438	0734288159	0365278	4.30
Total Area			4.30

SCHEDULE
Town Council Hearing and Action: March 23, 2010

CONTACT INFORMATION

Applicant/Owner
College Park Baptist Church
c/o Matthew Walker
3761 Northwest Cary Parkway
Cary, NC 27513
(919) 244-1601

Staff Contact
Kevin A. Hales, Senior Planner
Town of Cary Planning Department
316 North Academy Street
Cary, NC 27513
(919) 462-3944
kevin.hales@townofcary.org

PROJECT SUMMARY
In accordance with Section 5.2.2(E) of the Land Development Ordinance, the applicant is requesting a special use permit to allow development of 10,500 square feet of religious assembly uses on residentially zoned property containing less than 20 acres.

SITE DATA
Land Use Plan Designation: Very Low Density Residential (VLDR)
Existing Zoning District: Residential 40 (R-40)
Existing Overlay District: Jordan Lake Watershed Protection Overlay
Existing Land Use: A single-family detached dwelling and agricultural use

Surrounding Land Uses:
North -  Single-family detached residential dwellings
South - Single-family detached residential dwellings and agricultural uses
East -   Single-family detached residential dwellings
West -  Single-family detached residential dwellings

Streams: According to the Town of Cary’s GIS maps, there are no streams located either on or in the immediate vicinity of the property.

Floodplain: According to the Town of Cary’s GIS maps, there is no floodplain or flood hazard area either on or in the immediate vicinity of the property.

Wetlands: According to the applicant’s site plan, there are no wetlands located on the property.

Topography: The property elevation varies 10 to 15 feet from either end to the center of the parcel.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Pre-Application Conference
The applicant attended a pre-application conference with Town of Cary staff for the special use application on May 13, 2009.

Notification
Written notification was mailed to property owners within 400 feet of the subject property on November 24, 2010.

Property Posted Signage was posted on the property on November 20, 2010.

STAFF RECOMMENDATION
Staff has reviewed the application and the materials provided by the applicant for both compliance with the requirements of the Land Development Ordinance and for consistency with the Comprehensive Plan. Staff has included in the attached worksheet a brief discussion of its findings in relation to the general criteria for approval of a special use permit.

Based on the information submitted in support of the application and on the analysis presented within this staff report, the Development Review Committee (DRC) believes this request meets the required approval criteria for Special Uses established in Section 3.8.3 of the LDO. Therefore, the DRC recommends approval of the requested special use permit with the addition of the following conditions:

1. The Resolution and Permit approved by the Town Council in this special use application shall be recorded with the Wake County Register of Deeds upon the expiration of the appeal period, per Section 3.8.4(E) of the LDO. The original recorded Resolution and Permit shall be returned to the Planning Department when received from the Register of Deeds.

2. In accordance with LDO Section 3.8.1(B)(2), the approval of this special use is conditioned on the subsequent approval of a site plan as required under LDO Section 3.9. The proposed site plan includes a 5,600-square-foot building and a potential expansion area for a total of 10,500 square feet. The additional area will require approval of a subsequent site plan that complies with the ordinances in effect at the time of submittal.

CARY TOWN COUNCIL
WORKSHEET AND SUGGESTED MOTIONS

Section 3.8.3 of the Town of Cary Land Development Ordinance requires that the following seven (7) criteria (in bold text below) be met in order for the Town Council to grant a Special Use:

(A) The proposed use or development of the land will generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;

Staff Comments: The Town plans and policies relevant to the proposed application include the various components of the Comprehensive Plan and the LDO.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

Southwest Area Plan
The subject parcel is located within the boundary of the Town of Cary’s Southwest Area Plan and its land use designation is Very Low Density Residential (VLDR). This land use category is reserved for single-family detached residential dwellings having lot sizes of at least two to three acres. Institutional uses such as churches, schools, libraries, and daycare facilities that are compatible and complementary to the surrounding neighborhood may be considered. The parcel is also covered by Note 19 of the Southwest Area Plan, which states that the Twyla Road residents may wish to revisit this land use designation upon construction of the proposed I-540 interchange at Morrisville Parkway Extension.

Parks, Recreation and Cultural Resources Facility Master Plan
According to the Parks, Recreation & Cultural Resources Master Plan, there are no issues related to this site.

Growth Management Plan
The Growth Management Plan contains the following Guiding Principles related to this project:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

2. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

Affordable Housing Plan
The Affordable Housing Plan is not applicable to this request.

Comprehensive Transportation Plan

Green Hope School Road is designated as a Thoroughfare
Existing Section: 2-lane major thoroughfare within approximately 60 feet of right-of-way
Future Section: 3-lane major thoroughfare within 70 feet of right-of-way; a waiver was granted
by the Town Council not to require curb & gutter
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot wide outside lanes
Transit: No transit planned along this corridor
Status of Planned Improvements: No improvements are currently scheduled by the Town.

Twyla Road is classified as a Local road
Existing Section: 2-lane shoulder section within approximately 50 feet of right-of-way
Future Section: 2-lane shoulder section within 50 feet of right-of-way; a waiver was granted by
the Town Council not to require widening or curb & gutter.
Sidewalks: Required on one side
Bicycle Lanes: None required
Transit: No transit planned along this corridor
Status of Planned Improvements: No improvements are currently scheduled by the Town.
Note however, that the Turnpike Authority will slightly relocate the intersection of Twyla Road and Green Hope School Road with the Western Wake Freeway project.

Open Space and Historic Resources Plan
There are no significant natural or historic resources identified on this parcel in the Open Space and Historic Resources Plan.

Overall Staff Analysis
This site plan is generally consistent with the Town of Cary Comprehensive Plan.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO)

Traffic
Using the ITE trip generation rate for church uses (code 560), a 10,500 square-foot church would generate approximately six AM and six PM peak hour trips. This does not exceed the LDO threshold of 50 peak-hour trips; therefore, a traffic study would not be required for the total amount of religious use proposed.

Open Space
No additional open space is required beyond the perimeter buffers and streetscapes.

Buffers and Streetscapes
A 40-foot Type A (opaque) buffer would be required along the northern and the eastern property lines adjacent to single-family residential properties. The required streetscapes along Green Hope School Road and Twyla Road would be 30 feet wide.

Architectural
Any proposed structures would be required to comply with the Town of Cary’s architectural design standards.

TEST SATISFIED? __ YES __ NO

(B) The proposed use or development of the land will not materially endanger the public health or safety;

Staff Comments: The proposed development on the site would be required to comply with all applicable federal, state, and local regulations.

TEST SATISFIED? __ YES __ NO

(C) The proposed use is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community;

Staff Comments: The Land Use Plan recognizes the value in allowing certain non-residential uses, including religious assembly, to be located within residential land use categories since these uses enhance the quality of life in the surrounding community and provide services to the residents.

TEST SATISFIED? __ YES __ NO

(D) The proposed use or development of the land will not substantially injure the value of adjoining or abutting property;

Staff Comments: The proposed use would be separated from the adjacent residential properties by a 40-foot Type A (opaque) buffer. The existing building would be retained under the current development plan and would preclude development in the northwestern corner of the site.

TEST SATISFIED? __ YES __ NO

(E) The proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;

Staff Comments: The proposed development plan includes a 2-story brick structure with a pitched, metal roof. The proposed building height would be 25.5 feet (to the median height of the pitched roof) or 31.28 feet to the top of the roof. This height would be generally consistent with a 2-story home, making the development compatible with the scale of the surrounding community. The eastern portion of the site would be left open, making the site more consistent with the large residential lots in the area.

TEST SATISFIED? __ YES __ NO

(F) The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;

Staff Comments: The religious assembly use would be required to extend municipal water and sewer to the site. Fire Station 7 is located approximately 2.75 miles north of the site; and the surrounding community is already served by fire and police protection. The site would be served by private waste collection services.

TEST SATISFIED? __ YES __ NO

(G) The proposed use will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.

Staff Comments: Using the ITE trip generation rate for church uses (code 560), a 10,500-square-foot church would generate approximately six AM and six PM peak hour trips. This would not exceed the LDO threshold for requiring a traffic study of 50 peak-hour trips. The entrance to the site would be located on Twyla Road instead of Green Hope School Road, which is a thoroughfare. Sidewalk would be required along the northern side of Green Hope School Road to provide safe pedestrian passage across the site.

TEST SATISFIED? __ YES __ NO

MOTION TO GRANT THE APPLICATION

Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the approval criteria of Section 3.8.3, I move that we APPROVE the request and adopt the proposed RESOLUTION AND PERMIT [Include document link] including the staff comments shown on the worksheet [ALT: with the following changes to the staff comments____] as findings to support the determination that the proposed use meets all of the approval criteria set forth in Section 3.8.3.

MOTION TO DENY THE APPLICATION

Upon conducting a duly-advertised public hearing and upon considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the approval criteria of Section 3.8.3, I move that we DENY the request and adopt the following RESOLUTION, finding that the proposed use does not meet all of the approval criteria set forth in Section 3.8.3 based on the following findings, which shall be set forth in the RESOLUTION. Specifically, the application does not: [choose the criteria below that have not been met and state the reason why it is not met.]

Does not conform to the Comprehensive Plan or to other adopted plans because ___________;

Endangers the public health and safety because ______________;

Does not enhance the successful operation of the surrounding area in its community functions or does not provide an essential service to the community because ____________;

Substantially injures the value of the adjoining or the abutting property owners because ______________;

Is not harmonious with the scale, the bulk, the coverage, the density, or the character of the area because ____________;

Is not appropriately located with respect to transportation facilities, to water supply, to fire or police protection, to waste disposal or to similar facilities because __________________;

Will cause undue traffic congestion or will create a traffic hazard or unsafe pedestrian pathway because ________________.

LIST OF EXHIBITS [insert appropriate links]

Exhibit A: Special Use Application (2 pages)

Exhibit B: Special Use Statement of Justification (2 pages)

Exhibit C: Site Plan 09-SP-048 (viewable via on-line plan review)

[Exhibit D-?: Any other exhibits as presented and entered into the record at the public hearing.]