STAFF REPORT
Town Council, December 13, 2007
PL08-013, Cary First United Methodist Church, Parking Lot Addition
Consideration of an application for Special Use Permit (07-SU-004) to expand an existing parking lot in downtown Cary at the southwest corner of the intersection of North Walker Street and Waldo Street.
Speaker: Bob Benfield, Senior Planner, Planning Department
From: Jeffery G. Ulma, AICP, Director, Planning Department
Prepared by: Bob Benfield, Senior Planner, Planning Department
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
Special Uses are generally compatible with other land uses permitted in the zoning district; but because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town, they require consideration as to location, design, configuration, and operation at the particular location proposed. Such individual consideration may require the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location. [LDO Sec. 3.8.1(A)].
According to LDO Section 3.8.1(B)(1), the review and approval of both the site plan and the special use shall be coordinated. However, the Town Council shall render separate decisions on each application, recognizing that the applications are distinct and subject to different standards for approval. When deciding Special Use Permits, Council must follow quasi-judicial procedures.
Section 5.2.3(J)(1) of the LDO states that parking lots shall only be allowed as the permitted principal use of property if the parking lot is used for shared parking with another principal use and/or offsite parking.
Requested Town Council Action
The applicant, Cary First United Methodist Church, requests consideration of approval of an application for special use for the construction of a parking lot containing 194 parking spaces. The Church advises that the parking lot would be shared with Ashworth Village and would be used in conjunction with on-street parking along Waldo Street. Patrons and visitors to the downtown area would also be permitted to use the parking lot. The property is located in the Town Center District in an area designated for High Intensity Mixed Use (HMXD) development. According to Land Development Ordinance (LDO) Table 5.1.2, stand-alone parking lots in the HMXD must be reviewed and approved as a special use by the Town Council.
Proposal
The applicant, Cary First United Methodist Church, has submitted a development plan (07-SP-019) to construct a stand-alone parking lot containing 194 parking spaces at the southwest corner of the intersection of North Walker Street and Waldo Street. A gravel parking lot containing approximately 44 parking spaces is currently located on the property. The parking lot would be accessed by a proposed drive from Waldo Street and by a drive from North Walker Street. The parking lot is designed to comply with Town Center Design Guidelines and with the design requirements associated with the Downtown Cary Streetscape Sidewalk Master Plan.
Applicant's Justification Statement
Neighborhood Concerns
On May 4, 2007, in accordance with Town policy, staff mailed notification to all adjoining property owners within 400’ of the subject property regarding the development plan for the proposed parking lot. On November 30, 2007, notice of the public hearing for the Special Use application was mailed to adjoining property owners in accordance with the LDO and other applicable regulations, and signs notifying of the public hearing were posted on the property.
Staff Recommendation
Based upon the information submitted and the comments provided within this Report, Staff believes that the request meets the required seven (7) Special Use standards of Section 3.8.3 of the LDO for approval of a Special Use Permit. Staff recommends approval of the Special Use Permit with the following conditions:
CASE 07-SU-004
Southwest of North Walker Street and Waldo Street
Cary First United Methodist Church Parking Lot Expansion
CARY TOWN COUNCIL
WORKSHEET AND SUGGESTED MOTIONS
SPECIAL USE
Section 3.8.3 of the Town of Cary Land Development Ordinance requires that the following seven (7) general standards 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;
Staff Comments: The Comprehensive Plan designates the subject parcel as High Intensity Mixed Use. A stand-alone parking lot is a special use in the HMXD provided that the parking lot is used for shared parking with another principal use and/or offsite parking. The parking lot serves the adjacent church use, would be shared with Ashworth Village and used in conjunction with on-street parking along Waldo Street. Patrons and visitors to the downtown area would also be permitted to use the parking lot.
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 parking lot is required to comply with all applicable regulations pertaining to design, construction and operation of a parking lot in the downtown area of Cary. In addition, no waivers from the Town’s Land Development Ordinance have been requested as part of the accompanying site plan application.
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 Church has agreed to allow the parking lot to be used by other businesses, patrons and visitors to the downtown area. The downtown area of Cary is in need of parking therefore, the additional parking constructed by the Church will aid in the overall success of the downtown area. The proposed special use creates additional off-street parking opportunities for both the Church and the community.
TEST SATISFIED? __ YES __ NO
(D) The proposed use or development of the land will not substantially injure the value of adjoining or abutting property;
In accordance with the LDO and other applicable design guidelines, all parking will be screened from off site views from adjoining roadways and opaque screening is provided to visually screen the parking lot from the adjoining residential uses.
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 parking deck will incorporate all the relevant site design elements of the Town Center Design Guidelines and the Downtown Cary Sidewalk Master Plan. These design elements are intended to ensure that the parking lot is not out of character with surrounding properties.
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 parking lot would not generate a need for municipal water and sewer services and a bus stop is proposed at the intersection of South Academy Street and Waldo Street, a location that is close in proximity to the proposed parking lot.
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 plan complies with the Town of Cary’s roadway design requirements. The proposed parking lot includes pedestrian access from the parking area to adjoining roadways and vehicular access will be provided by two proposed drives connecting to adjoining roadways.
TEST SATISFIED? __ YES __ NO
CASE 07-SU-004
Southwest of North Walker Street and Waldo Street
Cary First United Methodist Church Parking Lot Expansion
PROPOSED MOTIONS
Special Uses LDO Section 3.8 et.seq.
Undisputed facts:
1. The property is owned by Cary First United Methodist Church, who is also the applicant.
2. The applicant requested the pre-application conference as required by 3.8.2 (A).
3. The property is in the Town Center District, in area designated for High Intensity Mixed Use development.
4. The application, and others records pertaining to the proposed special use are part of the record.
5. Notice has been provided as required by law.
TO APPROVE SPECIAL USE REQUEST
Motion to approve special use request
After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing or otherwise appearing in the record and the approval criteria of Section 3.8.3, I move that we APPROVE the request [ALT: with conditions or modification] because the proposed use meets all of the approval criteria set forth in Section 3.8.3, based on the following findings,
Findings
We find the undisputed facts # 1-5, and that the proposed use:
(MUST find the use meets ALL of the following)
√ will generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;
√ will not materially endanger the public health or safety;
√ 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;
√ will not substantially injure the value of adjoining or abutting property;
√ will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;
√ is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities; AND
√ will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.
Specifically, to support the above, we find (choose any of the following that are sufficient to justify the above):
□ that all of the reasons set forth in the proposed motion in the worksheet are found to exist and are sufficient to approve the use.
□ ___________________[insert specific findings]
Conditions: The following individualized conditions are being imposed in order to ensure that the use (i) will meet the LDO standards, (ii) is appropriate at the location proposed and (iii) to protect the public health, safety, and general welfare.
To deny the Special Use:
Motion to deny special use application
After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing or otherwise appearing in the record and the approval criteria of Section 3.8.3, I move that we DENY the request because the proposed use does not meet all of the approval criteria set forth in Section 3.8.3, based on the following findings,
Findings
We find the undisputed facts # 1-5 and that proposed use does not meet all of the approval criteria, specifically the proposed use:
[CHOOSE AT LEAST ONE OF THE FOLLOWING:]
· does not generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;
·
· does not avoid materially endangering the public health or safety;
· is not reasonably necessary for the public health or general welfare; (For example: it does not enhance the successful operation of the surrounding area in its basic community functions due to ______________; or it does not provide an essential service to the community or region because _______________)
· will substantially injure the value of adjoining or abutting property;
· will not be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is proposed to be located;
· is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;
· will cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.
Specifically to support the above finding we find:
[should insert the specific reason that you find the use will not meet the criteria chosen above]