Town of Cary, North Carolina

Development Plan Staff Report

09-SP-048 – Cary Church of Jesus Christ of Latter-Day Saints

Town Council Meeting

December 10, 2009

REQUEST

Consideration of a site plan for a 732-square-foot expansion to the existing structure located at 1811 Seabrook Avenue. The existing structure is located in an area of the site that encroaches on the perimeter buffer as required under the current Land Development Ordinance (LDO); therefore, the structure is considered a legal non-conformity.

Site Layout

Location

1811 Seabrook Avenue; southeastern corner of the intersection of Seabrook Avenue with Southwest Cary Parkway

Within Town Limits

Yes

Vicinity Map

Within ETJ

N/A

Deeded Acreage

3.15 acres

Zoning District

Residential 12 (R-12)

Zoning Overlay District

Swift Creek Watershed Protection Overlay - Existing Urban

Proposed Use

15,466 square feet (14,734 square feet existing) of Religious Assembly

Associated Application

09-SU-004 – Request to allow religious assembly on a residentially-zoned property of less than 20 acres and to allow expansion of a non-conforming structure

SUBJECT PARCEL

Property Owner

Wake County Parcel Identification Number (PIN) (10-digit)

Real Estate ID Number

Deeded Acreage

Church of Jesus Christ of Latter-Day Saints

0762793447

0135796

3.15

50 East North Temple Street

Salt Lake City, UT 84150-0002

Total Area

3.15

SCHEDULE

Date

Action

Town Council Action

December 10, 2009

contact Information

Applicant/Agent

Curt Blazier

McKim & Creed, PA

1730 Varsity Drive

Raleigh, NC 27606

(919) 233-8091

cblazier@mckimcreed.com

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 DESCRIPTION

The applicant is proposing to construct a 732-square-foot expansion to the existing structure located at 1811 Seabrook Avenue. The existing structure is currently a legal non-conformity due to its location within an area designated for a required perimeter buffer under current ordinances. The proposed expansion would be located on the northern end of the structure and would not increase the encroachments into the buffer. The proposed expansion would utilize materials that closely match those used in the original construction.

The applicant is also proposing to construct a new enclosure to house waste containers for the site that would be located immediately adjacent to the existing storage building at the eastern end of the parking lot. The enclosure would be constructed of masonry material to match the existing structures on-site and would be a minimum of eight feet in height in order to completely screen the proposed waste containers. Additional vegetative screening would be provided to soften the visual impacts of the masonry enclosure.

Since the current perimeter landscaping does not meet the performance standards now in place for perimeter buffers or vehicular use area screening, the applicant would be required to supplement the existing landscaping to bring it into compliance with the current performance standards.

SITE DATA

Existing Land Use

14,832 square feet of Religious Assembly use

Land Use Plan Designation

Low-Density Residential (LDR)

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 slopes gently down from the intersection; there are no topographical concerns associated with the proposed use.

Surrounding Land Uses

North

Single-family detached residential subdivision (Farren Forest)

South

Single-family detached residential subdivision (Ridgepath)

East

Single-family detached residential subdivision (MacDonald Woods)

West

Single-family detached residential subdivision (Ridgepath, across Southeast Cary Parkway)

Consistency with the comprehensive plan

Land Use Plan

The Land Use Plan designates certain non-residential uses that are ancillary to residential development as allowable within residential land use categories. Religious assembly is one of the institutional uses designated as being permitted within residential land use categories, making the existing religious assembly use consistent with the property’s land use designation of Low Density Residential (LDR).

Parks, Recreation, and Cultural Resources Facility Master Plan

According to the Parks, Recreation, and Cultural Resources Facility Master Plan no proposed recreation facilities are proposed in the vicinity of this project.

Growth Management Plan

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

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

Staff Comments: The existing structure is already served by Town of Cary utilities. The adjacent roadways are in place and are consistent with the requirements of the Town.

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

Staff Comments: The existing structure is already served by Town of Cary utilities. The adjacent roadways are in place and are consistent with the requirements of the Town.

Comprehensive Transportation Plan

Southeast Cary Parkway is designated as a Major Thoroughfare.

Existing Section

4-lane, median-divided

Future Section

4-lane; median-divided

Sidewalks

Sidewalks exist on both sides

Bicycle lanes

No existing facilities; future wide outside lanes

Transit

No existing facilities or future plans

Status of Planned Improvements

Developer would be required to dedicate three feet of additional right-of-way and make a payment-in-lieu for the two feet of widening required to accommodate the wide outside lane for cyclists

Seabrook Avenue is classified as a Collector Street.

Existing Section

2-lane, undivided

Future Section

2-lane, undivided

Sidewalks

Existing sidewalk on north side of street; future sidewalk on both sides of street

Bicycle lanes

4-foot bike lanes

Transit

No existing or planned facilities

Status of Planned Improvements

Developer would install sidewalk on the southern side of Seabrook Avenue along the length of the property frontage

Open Space and Historic Resources Plan

There are no significant natural or historic resources identified by the Open Space and Historic Resources Plan located in the vicinity of the proposed development.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO)

Traffic

According to the ITE Trip Generation Manual, a 732-square-foot addition would generate one AM and one PM peak hour trip, assuming that this addition is a classroom use for church activities; therefore, a traffic impact analysis was not required.

Open Space

The only Open Space requirement for the proposed project is the area contained within all required perimeter buffers and streetscapes.

Buffers and Streetscapes

The LDO now requires a 30-foot streetscape along property frontage on a Collector Street or Thoroughfare. The existing streetscape along Southeast Cary Parkway meets the required width and would require no additional planting. The streetscape provided along Seabrook Avenue varies in width from the required 30 feet to a minimum of 12 feet. Additional evergreen plant material would be added to the Seabrook Avenue streetscape to increase its effectiveness as a vehicular use area screen.

A 40-foot Type A (opaque) buffer is required along the southern and the eastern property lines. There is sufficient room along the eastern property line to provide the required width. However, the existing structure and the parking lot encroach into the required southern perimeter buffer, limiting the available buffer width. Additional evergreen plant material would be added to both perimeter buffers to enhance their performance to meet a Type A planting standard.

Architectural

The proposed expansion of the existing structure would utilize both colors and materials that match the existing structure. While the existing structure pre-dates the current architectural design standards, the proposed expansion will meet the current standards through additional masonry and EIFS elements.

The proposed masonry enclosure would also utilize both colors and materials that match the principle structure. The enclosure gates would be constructed of aluminum material to increase longevity and decrease anticipated maintenance costs across the life of the enclosure.

CONSISTENCY WITH THE CARY DESIGN GUIDELINES

Create Human Scale

The existing structure is a one-story, pitched-roof building situated on a site containing mature hardwood and evergreen upper-story trees. The proposed expansion would not alter the look and/or feel of the existing site, representing only a 10-foot addition to the northern end of the structure. The existing parking lot, which would not be altered by this project, is broken into smaller parking areas on three sides of the building, thereby contributing to a pedestrian-scaled parking lot.

Create a Sense of Place

The proposed addition would intentionally blend into the existing structure and would not, therefore, contribute to the site’s sense of place. The site was developed more than 20 years ago and has, during that time, developed its own sense of place within the surrounding community.

Connect Uses

The site is surrounded by existing single-family detached residences, precluding the provision of vehicular or pedestrian connectivity to adjacent properties. The developer would be adding sidewalk to the southern side of Seabrook Avenue, thereby enhancing the pedestrian connectivity between the surrounding community and the project.

Provide Transitions

The perimeter buffer, as approved in the 1985 site plan, does not meet the current buffering requirements. As stated previously, the existing building and the parking location prohibit the provision of a full-width buffer along the southern property line. The applicant would be providing additional evergreen plant material to enhance the performance of the narrowed perimeter buffer. Additional evergreen plantings would also be required along the northern parking lot to enhance the screening capabilities of the streetscape.

Reduce Parking Impacts

As stated previously, the existing parking lot would not be affected by the proposed revisions. The parking lot is broken into smaller parking areas located on three sides of the structure. This contributes to a more walkable parking lot and avoids the parking lot being the focal point of the site.

Plan for Pedestrians, Bicyclists, and Transit Users

The developer would be adding sidewalk along the southern side of Seabrook Avenue and would provide additional sidewalk connections into the site. The required width for bicycle lanes is provided along Seabrook Avenue, though the lanes are not striped due to the residential nature of the street. A payment-in-lieu of the two feet of widening for a bicycle lane along Southeast Cary Parkway would be made by the developer.

Provide Open Space

No additional open space would be provided beyond the area that now exists on the site. The current ordinance would have required a greater area in perimeter buffers than that approved in the original site plan. The buffers provided would be supplemented with additional plant material to enhance their performance.

APPROVAL CRITERIA FOR SITE AND/OR SUBDIVISION PLANS

Section 3.9.2(I) of the LDO establishes certain criteria that must be considered in reviewing Site and/or Subdivision Plans:

1. The plan is consistent with Comprehensive Plan goals and objectives.

2. 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 (Note: Plans within Planned Developments may be subject to different requirements based on approval).

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

4. The plan provides harmony and unity with the development of nearby properties.

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

6. The plan provides safe ingress and egress for emergency services to the site.

Staff Recommendation

Staff feels that the proposed development plan is consistent with the land use designation and would be consistent with the existing development patterns in the area. Staff recognizes that the original development of the site limits the opportunities for bringing the site into full compliance with current landscape requirements; however, the applicant has agreed to supplement the perimeter buffers and the streetscapes to enhance their performance above that as approved in the original plan. The additional landscaping would provide greater protection to the adjacent property owners than the current conditions. The addition of sidewalk along Seabrook Avenue will enhance the pedestrian circulation for the site and for the surrounding community. Overall, staff is supportive of the proposed plan and recommends approval of the plan as proposed.