D.   PUBLIC HEARINGS

 

1.   Public hearings and consideration of adoption of the following annexation petitions:

 

a.   04-A-03, 22.72 acres

 

Voluntary Annexation Petition 04-A-03

Property Owner

Town of Cary

Property Address

0 Old Place Rd.

General Location

At the intersection of Green Hope School Rd. and Old Place Rd.

Wake County PIN(s)

0734167192, 0734157747, 0734157421, 0734251988

Current Zoning

R-40

Associated Rezoning/Development Plan

03-SP-230 Thomas Brooks Park

Proposed Zoning Designation (if applicable)

R-40

Current Land Use

Vacant

Proposed Land Use (if applicable)

Recreational

Property Acres

22.72

Amount of Adjacent ROW Being Annexed

0

Total Amount of Land Being Annexed

22.72

% Contiguous with Corporate Limits

41.6%

Distance to closest “Consideration Area”

9,500 feet

Effect on contiguity of closest Consideration Area

None

 

b.   04-A-04, 14.63 acres

 

Voluntary Annexation Petition 04-A-04

Property Owner

Impact Properties Group, LLC

Property Address

7001 Green Hope School Rd.

General Location

At the intersection of Green Hope School Rd. and Sears Farm Rd.

Wake County PIN(s)

0734479106

Current Zoning

PDD Major

Associated Rezoning/Development Plan

03-REZ-04 Highcroft
03-SB-011

Proposed Zoning Designation (if applicable)

PDD Major

Current Land Use

OFC/IND

Proposed Land Use (if applicable)

MDR

Property Acres

13.87

Amount of Adjacent ROW Being Annexed

0.76

Total Amount of Land Being Annexed

14.63

% Contiguous with Corporate Limits

61.1%

Distance to closest “Consideration Area”

6,400 feet

Effect on contiguity of closest Consideration Area

None

 

c.   04-A-05, 47.06 acres

 

Voluntary Annexation Petition 04-A-05

Property Owner

Estate of John Larkin Smith, Sr., John Larkin Smith Farm I Lmtd Prtsp, Cameron Pond Investors

Property Address

0 Carpenter Fire Station Rd. , 7205 Carpenter Fire Station Rd.

General Location

1,530 ft. west of intersection of Cary Glen Blvd. and Carpenter Fire Station Rd.

Wake County PIN(s)

0735241275, 0735250088, 0735349428

Current Zoning

PDD Major

Associated Rezoning/Development Plan

02-REZ-27 Cameron Pond
03-SB-006

Proposed Zoning Designation (if applicable)

PDD Major

Current Land Use

SF and Vacant Land

Proposed Land Use (if applicable)

Residential Mixed PDD

Property Acres

45.50

Amount of Adjacent ROW Being Annexed

1.56

Total Amount of Land Being Annexed

47.06

% Contiguous with Corporate Limits

33.0%

Distance to closest “Consideration Area”

3,300 Feet

Effect on contiguity of closest Consideration Area

None

 

d.   04-A-06, 10.44 acres

 

Voluntary Annexation Petition 04-A-06

Property Owner

William B. Upchurch

Property Address

2132 Carpenter Upchurch Road

General Location

3,000 ft. south of intersection of Green Hope School Rd. and Carpenter Upchurch Rd.

Wake County PIN(s)

pt. 0744056561

Current Zoning

R8CU

Associated Rezoning/Development Plan

03-REZ-05 Carpenter Upchurch
 04-SB-001

Proposed Zoning Designation (if applicable)

R-8 CU

Current Land Use

AGR/FOR (Res./ Farm)

Proposed Land Use (if applicable)

Low Density Residential

Property Acres

10.44

Amount of Adjacent ROW Being Annexed

0

Total Amount of Land Being Annexed

10.44

% Contiguous with Corporate Limits

59.4%

Distance to closest “Consideration Area”

900 feet

Effect on contiguity of closest Consideration Area

None

 

Staff Recommendation:  Approval of annexation ordinances for cases 04-A-03, 04‑A-04, 04-A-05 and 04-A-06 with an effective date of March 23, 2004 .

 

 

No one came forward to speak, and Mayor McAlister closed the public hearings.

 

ACTION: Mayor Pro Tem Smith made a motion to approve the annexations (effective March 23, 2004 ). Mrs. Robinson provided the second, and council granted unanimous approval.

 

(Resolutions are on file in the town clerk’s office and are incorporated in these minutes by reference.)

_________________________

 

2.   All persons who wish to speak during the following special use public hearing must be administered an oath by the town clerk prior to speaking:

 

Public hearing and consideration of approval of Special Use 04-SU-002: The applicant, Stewart Engineering, Inc., representing Macedonia United Methodist Church, has requested special use and site plan approval to construct a new two-story sanctuary addition to the west side of the existing Church building.  The Church is located north of Tryon Road and west of Jones Franklin Road at 2904 Walnut Street . The property contains 6.78 acres and is zoned Residential 40 District.  According to Land Development Ordinance Section 5.2.2(E), churches located on less than 20 acres must be approved by the Town Council as a special use.  The property is inside Cary ’s town limits. (Refer to item F.1. on this agenda, 03-SP-217, for the associated site plan.)

 

Requested Town Council Action

The applicant, Stewart Engineering, Inc., representing the Macedonia United Methodist Church , has requested special use and site plan approval to expand the existing church building.  The property contains 6.78 acres, is zoned Residential 40 District (R-40) and is inside Cary ’s town limits.  According to Section 5.2.2(E) of the Land Development Ordinance, religious assembly located on less than 20 acres is considered as a special use within the R-40 District and must be approved by the Town Council.

 

Proposal

The plans propose the construction of a new two-story sanctuary addition containing 11,650 square feet to the west side of the existing church building. The existing church contains 15,582 square feet.  The plans also include the removal of existing parking along the eastern side of the existing church, the installation of additional parking west of the new sanctuary addition and, to a lesser extent south of the church.  The new building addition would use the same exterior materials and colors used on the existing church building.  Jones Franklin Road would be widened with sidewalk, and Tryon Road is scheduled for widening by the Town of Cary .

 

Neighborhood Concerns

Adjoining property owners were notified during staff's initial review of this plan.  Staff has received no inquiries regarding this plan.

 

Planning and Zoning Board Recommendation

On March 15, 2004 , the plan was reviewed by the Planning and Zoning Board, and the Board voted unanimously at the meeting to forward the plan to the Town Council with a recommendation for approval.

 

Attached to this report for the Town Council’s use are work sheets containing the required seven tests and suggested motions.

 

Staff Recommendation:  Staff recommends approval of the site plan.  Staff also recommends that Council take action to accept one of the attached suggested motions associated with the special use request.

 

CASE 04-SU-002

MACEDONIA UNITED METHODIST CHURCH

 

CARY TOWN COUNCIL

 

WORKSHEET AND

SUGGESTED MOTIONS

 

SPECIAL USE

Section 3.8.3 of the Cary Land Development Ordinance requires that the following seven tests must 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;

TEST SATISFIED? __ YES __ NO

 

 

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

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 or region;

TEST SATISFIED? __ YES __ NO

 

 

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

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;

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; and

TEST SATISFIED? __ YES __ NO

 

 

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

TEST SATISFIED? __ YES __ NO

 

 SUGGESTED MOTIONS

 

MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 04-SU-002 HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTIONS 3.8.3 AND 5.2.2(E) OF THE CARY LAND DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.

 

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 04-SU-002 HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 3.8.3 AND 5.2.2(E) OF THE CARY LAND DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1.___________________________________________________________________

2.___________________________________________________________________

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. 04-SU-002 HAS FAILED TO MEET THE REQUIREMENTS OF SECTIONS 3.8.3 AND 5.2.2(E) OF THE CARY LAND DEVELOPMENT ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

 

1.__________________________________________________________________

2.__________________________________________________________________

 

Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit A. Staff also outlined the associated site plan as follows (listed as item F.1. on the agenda):

 

03-SP-217, Macedonia United Methodist Church, site

 

APPLICANT

OWNER

Stewart Engineering, Inc.

 

Macedonia United Methodist Church

 

Location:

 

The site is located north of Tryon Road and west of Jones Franklin Road at 2904 Walnut Street .

 

Staff Recommendation:

Staff recommends approval of the plan.

Planning and Zoning Board Recommendation:

The Planning and Zoning Board recommended approval of the plan.  The vote of approval was unanimous.

Pending Items:

N/A

 

PROPOSED SCHEDULE OF MEETINGS

Planning and Zoning Board

March 15, 204

Town Council

March 23, 2004

 

PROJECT DESCRIPTION

 

The plans propose the removal of existing parking along the eastern side of the Church; the installation of additional parking west of the new addition to the sanctuary and, to a lesser extent, south of the Church; and roadway improvements with sidewalk along Jones Franklin Road.  The amount of parking required is 164 spaces, however, 166 spaces are proposed.  The new building addition would utilize the same exterior materials and colors a those used on the existing Church building.  The property contains 6.78 acres, is zoned Residential 40 District, and is inside Cary ’s town limits.  According to Section 5.2.2(E) of the Land Development Ordinance, churches located on less than 20 acres in residential districts must be approved by the Town Council as a special use.

 

 


PARCEL INFORMATION

Parcel #

Realid #

Area

0772.11-76-4706

0090506

6.76 acres

 

ZONING AND LAND USE PLAN COMPLIANCE

 

Current Zoning: Residential-40 District (R-40)

 

Town Limits: The property is inside Cary 's town limits.

Land Use Compliance: The Land Use Plan allows for offices and institutional uses.  Churches are also allowed as a permitted use provided the site contains more than 20 acres.  Church sites containing less than 20 acres are allowed as a special use.

 

 

LANDSCAPE

The plan complies with all landscape requirements.

 

BUILDING ELEVATION

 

Building Height: 34.7’

Building Size: Existing: 15, 582 sq. ft.

                        Proposed: 11,650 sq. ft. addition

Building Materials & colors:  The existing building contains red-brown brick with off-white trim and dark gray asphalt roof.  The proposed building addition would utilize the same exterior building materials and colors.