TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (09/12/02)
02-REZ-04 – Cary Church of God
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PETITIONER |
PROPERTY OWNER |
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Cary Church of God |
H. Bland Franklin, Jr., David L. Franklin and Eugene Franklin |
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LOCATION: |
West on Trinity Road, between NC Hwy 54 and King Lawrence Road |
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MAPS: |
Vicinity Map -
Small Aerial Map Property Zoom Vicinity Map - Large Zoning Map Land Use Plan Map Stream Buffers Open Space Town Council Vicinity |
In Town Limits [ ] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [x]
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PROPOSED SCHEDULE OF MEETINGS |
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TOWN COUNCIL PUBLIC HEARING: |
Wednesday , April 24, 2002 |
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PLANNING & ZONING BOARD: |
June 17, 2002 August 19, 2002 |
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TOWN COUNCIL: |
July 11, 2002 September 12, 2002 |
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PARCEL INFORMATION |
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Parcel # |
Realid # |
Area |
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077410356501 |
0023307 |
10.18 acres |
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077410450667 |
0045223 |
1.00 acres |
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077410355888 |
0095262 |
9.73 acres |
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20.91 total acres |
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REZONING DATA |
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CURRENT |
PROPOSED |
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Zoning: |
Residential-8 Conditional Use |
Residential-8 Conditional Use |
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Overlay District: |
N/A |
N/A |
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Land Use: |
Vacant Land; Land w/ Improvements |
Church and/or single-family detached residential units |
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REZONING CONDITIONS CURRENT 1. Density for this site not to exceed 3.5 du/ac. 2. Uses for this site limited to detached single family homes. 3. There will be two street connections on Trinity Road w/one being approx. 550’ south of King Lawrence Rd and one ("Gregory/Franklin") being shared w/adjacent property owner to the south of the subject property and centered on their common property line. These access points will be no closer than 550’ from centerline to centerline. 4. There will be no street connection to King Lawrence Rd. 5. A street stub will be provided to the Gregory property west approx. 900’ from Trinity Rd. 6. There will be a 50’ undisturbed buffer (except utility installations) along the creek to the west of the subject property. Buffer will be part of the future lots abutting the creek once subdivision takes place and will be protected by homeowner covenants. 7. All lots abutting existing lots within Medfield Estates to the north will be a minimum of 10,000sf and have a minimum rear yard of 25’. 8. Five lots will front the north side of the "Gregory/Franklin" access referred to in condition 3 above w/ these lots having an average depth of 130’. 9. Sewer easement and line will be stubbed to the two acre parcel to the north (Whitt property) approx. 200’ from Trinity Rd w/ this line being built at the minimum depth allowed under Town of Cary Engineering standards. 10. A sideyard setback of 65’ from the present r-o-w of Trinity Rd will be located in the lot at the corner of Trinity Rd and the future shared "Gregory/Franklin" access. 11. One hardwood tree (min. 2.5" caliper at time of planting) will be planted at 70’ intervals along each street within the future subdivision. In addition, at least one other tree (min. 2.5" caliper) will be preserved or planted on each lot. 12. The three white oaks (32" caliper) located approx. 90’ from Trinity Rd r-o-w and 120’ from Gregory/Franklin property line will be preserved. |
REZONING CONDITIONS PROPOSED 1. Density for this site not to exceed 3.5 du/ac. 2. Uses for this site limited to detached single family homes or a church. 3. 4. There will be no street connection to King Lawrence Rd. ** 5. A street stub will be provided to the Gregory property west approx. 900’ from Trinity Rd. 6. There will be a 50’ undisturbed buffer (except utility installations) along the creek to the west of the subject property. Buffer will be part of the future lots abutting the creek once subdivision takes place and will be protected by homeowner covenants.** 7. All lots abutting existing lots within Medfield Estates to the north will be a minimum of 10,000sf and have a minimum rear yard of 25’. 8. Five lots will front the north side of the
"Gregory/Franklin" access 9. Sewer easement and line will be stubbed to the two acre parcel to the north (Whitt property) approx. 200’ from Trinity Rd w/ this line being built at the minimum depth allowed under Town of Cary Engineering standards. 10. A sideyard setback of 65’ from the present r-o-w of Trinity Rd will be located in the lot at the corner of Trinity Rd and the future shared "Gregory/Franklin" access. 11. One hardwood tree (min. 2.5" caliper at time of planting) will be planted at 70’ intervals along each street within the future subdivision. In addition, at least one other tree (min. 2.5" caliper) will be preserved or planted on each lot. 12. The three white oaks (32" caliper) located approx. 90’ from Trinity Rd r-o-w and 120’ from Gregory/Franklin property line will be preserved. 13 If this site is developed as a church the following conditions will apply: a. There will be no street connection to King Lawrence Road. ** b. A sewer easement and line will be stubbed to the two acre parcel to the north (Whitt property) approx. 200’ from Trinity Rd. w/ this line being built at the minimum depth allowed under current Town of Cary engineering standards.(Bold reflects changes to original conditions) 14. If the site is developed as a church, there will be a 50-foot buffer along the Gregory/Franklin property line. Beginning at Trinity Road, this 50-foot buffer will extend 900 feet along said property line. The church will also plant additional trees within this buffer. **
** and italics indicates changes made since the Public Hearing. |
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REZONING HISTORY |
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1996 Residential-30 to Residential-8 (CU) – Approved |
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SITE DATA |
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DESIGN GUIDELINES |
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Staff has suggested to the applicant that a conceptual elevation and conceptual footprint of the church facilities will help staff and the neighbors develop a higher comfort level with this aspect of the rezoning. The applicant has indicated that the proposed church will be compatible with the surrounding residences, but staff desires a higher level of commitment. Submitting conceptual plans at the rezoning stage may help the applicant avoid major site design issues, and help staff to determine if the Design Review Guidelines are being met before the site plan is officially submitted. |
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WATER/SEWER SERVICE |
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Staff Remarks: The proposed development complies with Town of Cary utility policies. |
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TRANSPORTATION |
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Traffic Impact Analysis Required: Yes [ ] No [ x ] |
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A 50,000 sq.ft. Church during the AM peak hour will generate 36 trips. The PM peak hour will generate 33 trips. Average daily traffic (ADT) is 456 trips per day. The Sunday ADT is 1832 trips. The Sunday peak hour is expected to generate 475 trips. The Sunday peak hour volume (638) on Trinity Road with the 50,000-sq.ft church is less than the existing PM peak hour volume of 711 vehicles. If a daycare is provided, a traffic impact study may be required due to a possible increase in traffic volume. Per the Town’s Thoroughfare Plan, Trinity Road is designated to have a 33’ back-to-back cross-section consisting of two 14’ wide travel lanes. The road will need to be widened to allow for three lanes where a full service driveway is approved. Acquisition of 120’ right-of-way is required to allow expansion to 6 lanes if proved necessary by a study. Based on MapInfo, there appears to be approximately 60’ of right-of-way existing. The 120’ ultimate right-of-way requirement would require that each side dedicate 30’ of additional right-of-way. Engineering staff supports the deletion of conditions relating to Trinity Road access points, as well as to King Lawrence Road. Trinity Road access points would best be determined when a site layout has been determined, when topographic information has been gathered and sight distance requirements have been verified. The condition regarding access to King Lawrence Road is not a viable condition due to the fact that the property does not have direct access/or front onto King Lawrence Road. |
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ENVIRONMENTAL CONSIDERATIONS |
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The project will be required to address the Nitrogen Removal Ordinance of the Town of Cary. According to the information available to me there are stream buffers associated with the property. |
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ADJACENT ZONING AND LAND USES |
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Zoning: |
Land Use: |
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North: |
Residential-30 and Residential-30 © |
Medfield Estates |
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South: |
Residential-30 |
Residential |
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East: |
Residential Multi-Family |
Cooper Subdivision Trinity Road |
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West: |
Residential-8 (Conditional Use) |
Carriage Woods |
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TOWN OF CARY FUTURE LAND USE PLAN DATA |
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CURRENT |
PROPOSED |
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Plan Designation: |
Medium Density Residential (3-8 units per acre) |
No Change |
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Alternate Designation: |
None |
No Change |
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Activity Center: |
None |
No Change |
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LAND USE PLAN |
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The Land use plan identifies the property for medium density residential, 3-8 units per acre. A mixture or residential uses including single family detached uses, semi detached units, and single family attached units, duplexes, and triplexes, townhouses and low-rise apartments. The growth map of the Plan does not attempt to pre-select and identify the location of the full range of land uses, which are likely to occur and serve the community. A church use needs to be considered in accordance with the general spirit and intent of the Plan. In general churches have normally been held to be acceptable uses in a residential neighborhood. However, acceptability is based upon consideration with respect to compatibility with the adjoining neighborhood. |
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OPEN SPACE CONSIDERATIONS |
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The Henry and Maynard (9.5-acre) tracts are predominately forested. Open Space Historic Resources Plan (OSHRP) identifies significant resource area of mixed upland hardwoods along the north-facing slopes at the southern end of these parcels. The site also has mature vegetation at the front of the site facing Trinity Road. This is important, as there are existing constraints on the site such as mature trees, stream buffers and requirements to provide connecting access to facilitate the future development of adjoining property. A conceptual layout plan should be provided to see how the proposed church use relates and accommodates these constraints, to show that "everything fits together." A conceptual plan is also necessary to ascertain the loss of resources and to determine if the applicant meets the intent of the OSHRP. |
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PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN |
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None. |
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STAFF ANALYSIS |
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Changes Since Public Hearing: There have been changes made by the applicant since the public hearing. They are listed under "proposed conditions" above in italics with **. Protest Petition Information: Valid [ ] Invalid [ ] None Filed [x] Analysis: There were several items of concern raised at the public hearing for this rezoning request. Since the public hearing staff has met with the applicant to facilitate resolution of these concerns as well as additional staff comments. The applicant has attempted to address a few of the issues by submitting a sketch plan, however the sketch plan fails to adequately address staff’s comments. There are still major areas of concern regarding access, the Open Space Plan, design guidelines and compatibility with the adjacent neighborhood. With the evaluation of the above issues staff has identified a list of pros and cons concerning this request. Pros
Cons
Update (7/8/02): This item was tabled from the June 17 Planning and Zoning Board meeting so that the staff and the Applicant could work to address the above issues. Staff met with the applicant on several occasions in an attempt to facilitate compliance of the proposed development with the Town’s Open Space Plan, Land Use Plan, Connectivity Ordinance and Design Review Guidelines. A concept plan was submitted to staff on July 8, 2002, however staff does not feel that the plan as submitted meets the intent of the Town’s initiatives and ordinances. (See attached sketch plan submitted by the applicant).Staff is concerned with maintaining the integrity of the Open Space and Historic Resources Plan because of the significant resources identified on this site. Analysis of this site, including a site visit by staff, determined that many of these resources could be maintained using a more creative layout of the building and parking area. The concept plan as submitted does not attempt to address the preservation of the large trees located on the central portion of this property or on the Trinity Road street front. Staff feels that a more creative layout of the site could mitigate the impact on the identified resources. ( See attached aerial).There are deficiencies with respect to the Town’s Design Review Guidelines. The Plan requires that items such as architectural design, style, materials, mass and footprint of the building be used to provide a transition between uses. The concept plan does not adequately address this issue. Further, the Design Review Guidelines require that parking impacts be reduced to the extent possible. In this case, the parking could be broken into modules or multiple smaller lots using the natural topography. Again, the Design Review Guidelines call for outdoor space to be just as integral to the overall development plan as the building itself. The applicant has not set aside well-designed areas for open space. The Unified Development Ordinance (UDO) requires a 40-foot Type A opaque buffer between a church use and a single-family residential use. The applicant has agreed to provide an additional 10 feet of buffer along the Gregory property line, for a total of 50 feet. However, the applicant has only committed to a Type B semi-opaque buffer along all adjoining residential boundaries and this does not meet the requirements to the UDO or the Design Review Guidelines. The Land Use Plan requires compatibility with the surrounding neighborhood. Staff feels that the concept plan could be better designed in order to better fit in with the surrounding neighborhood. The issue concerning a future connection to the Gregory property has not been addressed with this concept plan. The Town’s Connectivity Ordinance would require that a connection be made. In summary, staff does not feel the rezoning conditions as submitted with this case insures compliance with the Town’s Open Space Plan, Land Use Plan, Connectivity Ordinance, Design Review Guidelines, and buffer requirements. Update 8/19/02 This item was tabled from the July Planning and Zoning Board to give the applicant and staff an opportunity to continue discussion. Staff did meet with the applicant’s representative. From that discussion a field study of the stream buffer was conducted and this review showed the stream buffer present and in the location shown on the Town’s maps. A revised concept plan was submitted on 8/14/02. Buffers were upgraded from a "Type B" to a "Type A"; a portion of the area on the back of the site was designated as a "tree save" area; and an access was shown to the Gregory property. Staff felt that the concept plan had changed very little from that originally submitted and continued to be insufficient with respect to open space and neighborhood compatibility. |
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STAFF RECOMMENDATION |
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Staff recommends denial of this request. However if approved, Staff recommends that no concept plan be made part of this rezoning request. |
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PLANNING & ZONING BOARD RECOMMENDATION 7/15/02 |
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In accordance with a request from staff, Mr. Dawson made a motion to table this item and direct it back to staff and the applicant in order to more actively pursue compromising on a more defined concept plan as soon as possible and keeping the Gregory family informed at the same time, which was seconded by Mr. Portman, and the Board voted (9-0). |
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PLANNING & ZONING BOARD RECOMMENDATION 8/19/02 |
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The Planning Board unanimously recommended approval with the stipulation that no concept plan be made part of the rezoning. |
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TOWN COUNCIL 9/12/02 |
| Town Council voted to approve. |
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Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm |
