Town of Cary , North Carolina
Sri Venkateswara Temple
Special Use and Development Plan Staff Report
10-SU-003 and 04-SP-148-B
Town Council Public Hearing
October 13, 2011

The applicant, Harold Yelle, on behalf of the property owner, Sri Venkateswara Temple of North Carolina, has requested approval of a Special Use Permit, of a waiver to road improvements, and of a sketch site plan to add the property located at 9455 Chapel Hill Road to the existing Religious Assembly use located at 121 Balaji Place. The property was currently used as a detached single-family residence and is zoned for residential use. The combined area of the existing Temple property and the subject property is less than 20 acres. Therefore, the proposed Religious Assembly use would require Town Council approval as a Special Use Permit per Section 5.1.2 of the Land Development Ordinance (LDO).

SPECIAL USE 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 LDO, an associated site plan is being reviewed in conjunction with this Special Use Permit application.

In accordance with Section 3.8.2(C) of the LDO, the Town Council must follow quasi-judicial procedures when deciding special use permits.

Property Owner	Wake County Parcel Identification Number (PIN) (10-digit)	Real Estate ID Number	Deeded Acreage
Sri Venkateswara Temple of North Carolina 9455 Chapel Hill Road Cary, NC 27513	0754768949	0005940	0.66
Total Area			0.66

Applicant & Agent	Harold Yelle (current Engineer) Aiken & Yelle Associates, PA 3755 Benson Drive Raleigh, NC 27609 (919) 877-9992
General Location	Southern side of Chapel Hill Road immediately east of intersection of Balaji Place
Land Use Plan Designation	Low Density Residential (LDR)
Zoning Districts	Residential 20 (R-20)
Within Town Limits	Subject property annexed in 2003
Staff Contact	Kevin A. Hales, Senior Planner Town of Cary Planning Department P.O. Box 8005 Cary, NC 27512-8005 kevin.hales@townofcary.org

The following documents are incorporated into this staff report in order to be entered into the record for this Special Use Permit application:

Exhibit A: 10-SU-003 Application (3 pages)
Exhibit B: 04-SP-148-B Application (3 pages)
Exhibit C: 04-SP-148-B Plan Set (4 pages)
Exhibit D: Waiver Request for Chapel Hill Road (2 pages)
Exhibit E: Chapel Hill Road PIL Estimate (2 pages)
Exhibit F: Change in Agent (1 page)

Streams: There are no stream buffers impacting the development of the subject parcel.
Floodplain: There are no floodplains, flood hazard areas, or floodways impacting the development of the subject parcel.
Wetlands: There are no wetlands impacting the development of the subject parcel.
Topography: The subject property is fairly flat, with some minor grade changes to the rear of the property.
Surrounding Land Uses:
North – An under-developed residentially-zoned parcel on the opposite side of Balaji Place
South – Single-family residence and existing Sri Venkateswara Temple
East – Residentially-zoned properties (some under-developed)
West – An under-developed residentially-zoned parcel on the opposite side of Balaji Place and railroad right-of-way

Pre-application Conference
The applicant attended a pre-application conference with the Town of Cary Development Review Committee (DRC) on June 23, 2010, regarding the special use and the development plan.

Notification
The Planning Department mailed notification of the public hearing for the special use and the development plan to property owners within 400 feet of the subject property on September 27, 2011. Notification consistent with North Carolina General Statutes was published in the Cary News on September 28 and on October 5, 2011.

Property Posting
Notice of the public hearing was posted on the property on September 28, 2011.

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
A. Land Use Plan	X
B. Parks, Recreation, and Cultural Resources Facility Master Plan	X
C. Growth Management Plan	X
D. Affordable Housing Plan			X
E. Comprehensive Transportation Plan	X
F. Open Space and Historic Resources Plan	X
G. Historic Preservation Master Plan			X

A. Land Use Plan
The current land use designation for the subject parcel is Low Density Residential (LDR), which is typically defined as single-family-attached or as detached housing at 1 to 3 units per acre. Institutional uses such as churches, schools, libraries, and daycare facilities that are compatible and are complementary to the surrounding neighborhood may also be considered. The property under consideration is proposed to expand the existing Sri Venkateswara Temple facility.

B. Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Master Plan, there are no improvements identified in relation to this property.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principle that is relevant to this case:

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

Staff Observation: The property is currently within the Town’s corporate limits and is in close proximity to Town utilities. The applicant has requested Town Council consideration of a waiver to the Chapel Hill Road improvements.

D. Affordable Housing Plan
The proposal would add the property to the Sri Venkateswara Temple as additional religious assembly space; therefore, the Affordable Housing Plan is not applicable to this proposal.

E. Comprehensive Transportation Plan
The proposed lot is located just southeast of the intersection of Balaji Place with Chapel Hill Road. The property has 170 feet of frontage along Chapel Hill Road.

Chapel Hill Road is designated as a Major Thoroughfare.
Existing Section: 2-lane thoroughfare within approximately 60 feet of right-of-way
Future Section: 6-lane thoroughfare within 124 feet of right-of-way
Sidewalks: Required on both sides, none existing
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.

The applicant has requested a waiver from the improvements identified in the Comprehensive Transportation Plan.

Balaji Place is designated as a Private Street.
Existing Section: 2-lane private street located on private property
Future Section: N/A
Sidewalks: Not required
Bicycle Lanes: Not required
Transit: No transit planned along this corridor.
Status of Planned Improvements: No improvements are currently scheduled by the Town.

F. Open Space Plan
The Open Space and Historic Resources Plan does not identify any priority open space on the subject parcel.

G. Historic Preservation Master Plan
The Historic Preservation Master Plan is not applicable to this case.

Traffic
The proposed use on the subject site, a priest’s residence, is expected to attract low traffic volumes during peak travel periods. No traffic impact study is required since the project site is not expected to exceed the 50-peak-hour trip threshold as defined in LDO Section 3.23 Adequate Public Facilities for Roads.

Buffers and Streetscapes
The existing dwelling is located 10 feet from the adjacent residential property located to the east. The perimeter buffer required with the proposed change in use would typically be 40 feet of opaque buffer. However, there is insufficient room on the property to accommodate a 40-foot-wide buffer, so the plan includes a 30-foot reduction to a portion of the eastern perimeter buffer to a 10-foot-wide buffer where the existing structure encroaches into the required buffer. The remainder of the buffer would be installed as required.

Likewise, the dedication of the required right-of-way for Chapel Hill Road is approximately 30 feet, which would put the streetscape line at the front stoop of the existing structure. The driveway and the parking area would be in the streetscape, allowing minimal plantings consisting of only a screening hedge for the parking area and for the driveway. This would not satisfy the required streetscape standard, but would maintain the residential appearance of the lot as it addresses Chapel Hill Road.

Architectural
The proposed change in use does not contemplate any alterations to the existing residential dwelling. The existing dwelling would serve as a priest’s residence. The existing accessory structure is also not proposed to be modified and would be used as classroom space for the Temple.

Use-specific Standards
Section 5.2.2(E) of the LDO contains the following use-specific standards (LDO language in italics) for religious assembly uses located on residentially-zoned properties less than 20 acres in size:

1. Such uses shall obtain a Special Use Permit consistent with Section 3.8 of this Ordinance. This requirement shall also apply to residentially-zoned properties twenty (20) acres in size or smaller located within an mixed use center overlay and/or a residentially-designated portion of a planned development district;

Staff Comments: The applicant has requested Town Council consideration of both a sketch site plan and a special use permit for the proposed use.

2. New or proposed religious or other assembly uses shall be located on parcel or site which fronts a thoroughfare or collector roadway; and

Staff Comments: The Sri Venkateswara Temple fronts on Chapel Hill Road, which is classified as a thoroughfare by the Comprehensive Transportation Plan.

3. Such uses shall meet all the development standards of this Ordinance, and minor modifications or other reductions to the standards shall not be granted. Existing religious or other assembly uses shall meet this requirement to the maximum extent practicable.

Staff Comments: The applicant is meeting the requirements of the LDO to the extent practical given the locations of the existing structure and the required right-of-way dedication. All deviations from the strict application of the LDO standards are described in detail in this staff report.

4. Any subsequent principal or accessory use associated with an existing religious or other assembly (which is required to obtain a Special Use Permit) that would increase the intensity of the facility shall also be required to obtain a special use. For the purposes of this Section, increases in intensity shall be measured as increases in vehicular trips generated and/or increases in impervious surface by five (5) percent or more for either aspect.

Staff Comments: This request is an expansion of an existing religious assembly. The existing religious assembly use was approved as a special use (05-SU-001) in January 2005.

5. Uses that have or are intended to have more than one worship ceremony or meeting within any two (2) hour window shall be required to provide overflow parking at one (1) space for every two and one-half (2.5) persons of maximum fire-rated occupancy in addition to the standard parking requirements listed in Section 7.8.

Staff Comments: The requested addition of the subject property does not involve assembly space for additional services. The existing dwelling would be used as a priest’s residence, and the accessory structure at the rear of the property is proposed to be used as classroom space.

Comprehensive Transportation Plan Improvement Waiver
The applicant has requested a waiver to the road improvements that would typically be required along approximately 170 feet of Chapel Hill Road. The development proposes to provide the required right-of-way for the widening of the road in the future, but does not propose a payment in-lieu of construction. The applicant’s justification statement is attached to this staff report and is summarized as follows:

The applicant’s statement reiterates the non-profit nature of the temple and the economic impacts that most entities have experienced in the recent past. The applicant also suggests that the projections of future traffic growth may be unrealistic and as a result, the 6-lane cross-section may be larger than required

Staff Comments: Widening along the limited frontage length on Chapel Hill Road would not provide any operational or motorist benefits at this time. Since the property on the north side of Chapel Hill Road has not been redeveloped into non-residential or more intense residential uses, the 18-foot median indicated in the CTP could not be constructed at this time.

The Town Council has two options in regards to the request. (1) The first would be to approve the requested waiver, potentially leaving the Town responsible for the costs associated with any future widening. The waiver could be conditioned such that any future expansion of the project would require a re-evaluation of the waiver across the temple’s frontage if council so desires. (2) The second option would be for council to accept a payment in-lieu of construction based on the attached engineer’s estimate (Exhibit E).This may be a more practical solution than requiring the physical construction of the improvements, but adds expense to the applicant’s project.

Staff has reviewed the application and the materials provided by the applicant both for compliance with the requirements of the LDO and for consistency with the Comprehensive Plan. Staff has included a brief discussion of its findings in relation to the general criteria for approval of a special use permit and other applicable approval criteria in this staff report.

Based on information submitted by the applicant and on the analysis presented within this staff report, the Development Review Committee (DRC) recommends the attachment of the following conditions to the requested Special Use Permit:

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.

Town Council has been asked to take several separate actions in relation to the proposed project. Staff offers the following recommendations on the order of actions to be taken on these requests following the public hearing:
1. Take action on Special Use.
2. Take action on Waiver request.
3. Take action on Site Plan, including the reduction to a portion of the perimeter buffer and modified streetscape plantings as illustrated.

CARY TOWN COUNCIL
SPECIAL USE WORKSHEET
AND
SUGGESTED MOTIONS

Section 3.8.3 of the LDO states the following: “The Town Council shall not approve a proposed special use and any accompanying site plan unless and until it determines that the proposed use meets all the criteria set forth below, based on the evidence and testimony received at the public hearing or otherwise appearing in the record of the case:”

(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: Staff has included a discussion of the Special Use’s consistency with the various elements of the Comprehensive Plan and with general LDO requirements as set forth earlier in this report. Staff’s comments indicate that the plan is consistent with the applicable elements of the Comprehensive Plan and is consistent with the applicable LDO requirements except as identified in the body of the report.

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 plan proposes no changes to the existing structures on site, and the proposed use is not generally associated with potential dangers either to public health or safety. Changes to the site include closing an existing driveway cut to improve safety along Chapel Hill Road and the addition of off-street parking for visitors to the facility.

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 that certain institutional uses, such as churches and day cares, perform essential services for surrounding neighborhoods and, therefore, permits them within residential land use designations.

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 LDO contains development standards designed to mitigate impacts of development on adjoining properties. The proposed development would be in compliance with the regulations governing such development, including both setback and buffering standards to the extent possible. The existing residence is proposed to remain as a priest’s residence, thereby maintaining the residential character of the Chapel Hill Road frontage.

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 development plan would maintain the existing structures on the property, ensuring that it remains in harmony with the residential development surrounding it. Additional parking would be located along Balaji Place and internal to the site, further reducing impacts to the residential corridor along Chapel Hill Road.

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 property under consideration is located on Chapel Hill Road, which is identified as a Major Thoroughfare on the Comprehensive Transportation Plan. The property has access to Town utilities and would be readily served by other Town services based upon its location along the thoroughfare and upon its being located within the Town’s corporate limits.

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: The proposed addition to the Temple site is not expected to generate the 50 peak-hour trips required to trigger a traffic study. Therefore, the proposed use is not expected to either cause undue traffic congestion or to cause additional problems on the adjacent roadways.

TEST SATISFIED? __ YES __ NO

MOTION TO GRANT THE APPLICATION WITHOUT CONDITIONS
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 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 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 provide an essential service to the community because ____________;

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

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

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

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


CARY TOWN COUNCIL
SITE PLAN WORKSHEET
AND
SUGGESTED MOTIONS

Land Development Ordinance Section 3.9.2(I), Approval Criteria, requires that the following five (5) criteria (in bold text below) be met in order for the Town Council to grant approval of the proposed site plan revisions:

(1) The plan complies with all applicable requirements of this Ordinance, including the development and design standards of Chapters 7 and 8 as well as the dedication and improvements provisions of Chapter 8 as well as all applicable Town specifications.

Staff Comments: As discussed earlier in this report, the plan is consistent with the requirements of the LDO to the extent possible given the existing configuration of buildings on the property. The applicant has requested a waiver for road improvements consistent with the provisions of Chapter 8 of the LDO.

TEST SATISFIED? __ YES __ NO

(2) The plan adequately protects other property, or residential uses located on the same property, from the potential adverse effects of the proposed development.

Staff Comments: The proposed plan provides a perimeter buffer for the adjacent single-family residence to the extent possible given the location of the house on the property. The streetscape will remain predominantly as-is, with supplementation to provide vehicular use screening. This will contribute to the residential character of the neighborhood.

TEST SATISFIED? __ YES __ NO

(3) The plan provides harmony and unity with the development of nearby properties.

Staff Comments: The proposed development plan does not include changes to the façade or massing of the existing residential structures. Parking is being provided to the side of the structure along Balaji Place. The existing and proposed vehicular use areas would be screened with additional evergreen plant material to reduce impacts on the surrounding properties.

TEST SATISFIED? __ YES __ NO

(4) The plan provides safe conditions for pedestrians or for motorists and prevents a dangerous arrangement of pedestrian and vehicular ways.

Staff Comments: The proposed plan includes provision for future pedestrian connectivity with the future sidewalk located along Chapel Hill Road, which is currently being requested to be waived for the reasons set forth earlier in this report. One of the existing driveway cuts is being eliminated and vehicular traffic is being re-routed to Balaji Place, improving vehicular circulation and safety. Pedestrian connections would be provide between all buildings on this property and between this property and the existing temple complex.

TEST SATISFIED? __ YES __ NO

(5) The plan provides safe ingress and egress for emergency services to the site.

Staff Comments: The proposed project would be served by emergency services from both Chapel Hill Road and Balaji Place.

TEST SATISFIED? __ YES __ NO

MOTION TO APPROVE THE APPLICATION WITHOUT CONDITIONS
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 3.9.2(I), I move that we adopt the staff comments shown on the worksheet as our findings to support the determination that the proposed use meets all of the approval criteria set forth in Section 3.9.2(I) and APPROVE the proposed SITE PLAN [ALT: with the following changes to the staff comments____].

OR

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 3.9.2(I), I move that we DENY the proposed SITE PLAN, finding that the proposed use does not meet all of the approval criteria set forth in Section 3.9.2(I) based on the following findings. Specifically, the application does not meet the following criteria: [choose the criteria below that have not been met and state the reason why it is not met.]

· The plan (does not) complies with all applicable requirements of this Ordinance, including the development and the design standards of Chapters 7 and 8, as well as the dedication and the improvement provisions of Chapter 8, and as well as all applicable Town specifications. (Note: Plans within Planned Developments may be subject to different requirements based on the approval) ___________;

· The plan (does not) adequately protects other property either residential uses located on the same property from the potential adverse effects of the proposed development, because the ______________;

· The plan (does not) provides both harmony and unity with the development of nearby properties, because the ____________;

· The plan (does not) provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of both pedestrian and vehicular ways, because the ______________;

· The plan (does not) provides both safe ingress and safe egress for emergency services to the site, because the ____________;