TOWN OF CARY, NORTH CAROLINA  
Town of Cary, North Carolina
Development Plan Staff Report to the Town Center Review Commission
07-SP-030, Cary United Methodist Church Parking Lot Expansion

Case Manager: Bob Benfield, Senior Planner
                         bob.benfield@townofcary.org
                         Phone: 469-4045

The applicant, Mulkey Engineering, has requested approval of a plan to reconstruct and expand an existing parking lot located at the southwest corner of the intersection of Waldo Street and North Walker Street, in downtown Cary .

BACKGROUND INFORMATION  

Public Notification:  In accordance with Town policy, on May 4, 2007, staff mailed notification to all adjoining property owners within 400’ of the subject property.  Staff has received no inquiries pertaining to this proposed parking lot expansion.

Project Summary:  The applicant, Cary First United Methodist Church, proposes to reconstruct and expand an existing gravel parking lot containing 44 spaces to accommodate 194 paved parking spaces.  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 district must also be reviewed and approved as a special use by the Town Council.

Immediately west of the Church parking lot property is an existing small parking lot owned by Ralph Ashworth and used for employee parking for the employees of Ashworth Village.  The Ashworth parking lot and the Church parking lot are proposed to be joined giving the appearance of one parking lot.

Currently, the Ashworth parking lot is approximately three feet higher than the Church parking lot property.  Due to the proposed reconstruction of a portion of Waldo Street to address a drainage issue, the Ashworth parking lot would be lowered approximately three feet to meet the finished grade of the proposed Church parking lot.  The Church parking lot will be constructing the westernmost bay of parking after the Ashworth parking lot has been reconstructed.

The Church property also contains a historic structure, the Hazel Rood residence, which is scheduled to be moved off the property in October, 2007, to a lot located on East Park Street.

The Church advises that long range plans include the construction of an educational building at the corner of North Walker Street and Waldo Street.  As part the future plans, a portion of the currently proposed parking area would be removed to accommodate the building thereby leaving smaller parking areas fronting North Walker Street and Waldo Street.

Vicinity Map

   B.  Parks & Greenway :

There are no public greenway or park land impacts associated with this plan.

  C.  Environmental:

The proposed parking lot utilizes three bio-retention areas and an underground stormwater storage system to collect and filter proposed stormwater runoff.  Two bio-retention areas are proposed along North Walker Street and one bio-retention area is proposed along Waldo Street.  The plan complies with Cary’s stormwater and erosion control requirements.

 D.  Buffers:

According to LDO Section 7.2.3(A)(2), typical landscape requirements associated with streetscapes and buffers within the Town Center District only apply to boundaries between properties located within the District and properties located outside the District.  All properties adjacent to this site are also located within the District.  However, the Town Center Design Guidelines require that appropriate landscape transitions be provided between properties located in the Town Center District.  Since the parking lot adjoins properties used for residential purposes, an opaque landscape screen is proposed along the southern side of the parking area adjacent to existing residential properties.  To create an effective visual screen and to provide shade within the parking area (as recommended in the Downtown Design Guidelines), the opaque landscape screen would contain a continuous evergreen hedge, an under-story of medium-sized evergreen trees, and an upper-story of deciduous trees.   

The site also contains nine Champion trees (existing trees 30” in caliper and larger) that should be retained and incorporated into the new development.  Four of the nine trees located in the northern area of the site, however, are in a state of decline or are within the path of proposed clearing needed for the removal of the existing Hazel Rood residence.    Removal of the remaining five trees is proposed so that reasonable use of the property can be retained.   With Town Council approval, the removal of Champion trees is permitted provided that compensation is made in the form of adding additional trees to the site that are larger than normally required to be installed, and/or a contribution payment is made to the Town for future use in planting trees within Cary .  The applicant has elected to install larger trees, to add an additional 86” of caliper to proposed trees, and to make a monetary contribution for the remaining 64” of caliper not installed or retained.  

The streetscape scheme follows the Downtown Cary Streetscape Master Plan which requires street trees spaced 50' on center along adjoining roadways.  The Master Plan also includes a specific list of acceptable trees for the downtown area.  Additional ornamental trees and evergreen shrubs will also be installed to enhance the streetscape area and screen the parking lot from roadway views.

 F.  Town Center Design Guidelines:

The parking and circulation system should accommodate the movement of vehicles, bicycles, pedestrians and transit safely and conveniently, and should contribute to the attractiveness of the Town.  The Town Center Design Guidelines provide the following design principles for parking lots:  

1.   Parking lots that face a street should be partially screened from the street by a low fence, wall, hedge, or topographic or vegetated buffer. The proposed parking area will be screened from adjoining roadways by an evergreen screening hedge and ornamental trees as required.  

2.   Parking aisles should be separated from one another by planted medians with shade trees.  The plans propose ten-foot wide lineal islands containing continuous rows of evergreen shrubs and shade trees as required.  

3.   While private surface parking lots containing no more than 40-50 parking spaces may be provided at the side or rear of a building, parking lots that support public parking could contain more than 50 parking spaces.  While the Church parking lot is private, the Church has agreed as a condition of the approval of the plan to allow the parking lot to be used for public parking purposes in support of downtown patrons and special events.  The condition to allow public use of the parking lot is proposed as a condition associated with the special use request.  

  The parking lot plan is consistent with all applicable Town Center Design Guidelines.

 G.  Downtown Cary Streetscape Master Plan:

The Downtown Cary Streetscape Master Plan provides the following streetscape design elements at the intersection of North Walker Street and Waldo Street:  

1.   A brick sidewalk is proposed along North Walker Street.  The sidewalk would be located back-of-curb.  The Master Plan does not include a brick sidewalk along Waldo Street , however, given the location of Waldo Street relative to major downtown streets ( Academy Street and Chatham Street ), staff has recommended that future development along Waldo Street include a brick sidewalk instead of a concrete sidewalk.  The parking expansion plan for the Church includes a brick sidewalk along the southern side of Waldo Street for the length of property frontage.  

2.   Non cut-off street lighting, approximately 16’ tall will be spaced approximately 50’ to 60’ on center along North Walker Street and Waldo Street.  A standard cuff-off type shoebox light fixture mounted on a 30’ pole will be installed in the parking lot.  

3.   A trash receptacle, bench and bicycle rack are recommended in the Master Plan and are proposed to be installed in the general area of the intersection of North Walker Street and Waldo Street.  

 The parking lot plan is consistent with all Downtown Cary Streetscape Master Plan Design Guidelines.  

Applicant’s Justification for not saving Champion Trees: 
It is common practice to provide a minimum of one foot of clearance for each inch of tree diameter. The Champion Trees on site range from 31” to 44”, which would require a clearance around each tree of between 31’ to 44’.  In order to adhere to this standard and not touch these areas, the proposed parking lot would need to be drastically reduced in size and configuration.  Such a change in the current design is not considered reasonable or practical, because it will not satisfy the growing needs of the Cary First United Methodist Church , nor the urgent need for additional public parking in the downtown area.  Therefore, we have not proposed a redesign of the Church parking lot to save Champion Trees.  As alternately required with Town Council or with Planning Director approval and, as stated in Section 7.2.5 (C) and (D) of the Land Development Ordinance, we are adding additional trees to the project, we are providing larger caliper trees to the project, and we will provide a payment to the Town for any trees that are lacking at that time.  We will have a Certified Arborist visit the site and assess the condition of the Champion Trees to determine if they are, in fact, to be considered as “exceptional high value” Champion Trees, and we will submit the findings to the Town. 

ADDITIONAL REFERENCE INFORMATION  

Summary of Plan Review Activity:  

Town Center Review Commission
Date:  October 10, 2007
Action:  The TCRC (by a vote of five to one) voted to table the plan to enable the applicant to:

1.   consider installing additional shade trees within the proposed parking area;

2.   consider an alternate route for the removal of the Hazel Rood residence that might allow for champion trees to be saved; and

3.   have the Town’s Landscape Specialist determine the health and potential for saving champion trees based on the proposed parking lot layout.

Since the October TCRC meeting, the applicant has advised that the parking lot will be modified to include the two additional shade tree locations as recommended by the Commission.

Following the October meeting and through a subsequent meeting with the staff involved in the relocation of the Hazel Rood residence, it was determined that the champion trees located in the vicinity of the structure will not need to be removed during the relocation of the structure.

On October 23, 2007 , staff met at the site with Carolyn Lewis, Cary ’s Facilities Landscape Specialist, and a preliminary survey assessing the condition of the champion trees was performed.  A complete copy of the preliminary champion tree survey is attached at the end of this report.

In summary, the assessment identified two champion trees located south of the existing gravel parking area that are in good health, have a nice form and appearance, and are worthy of consideration to be saved (tree #7 and #8 as identified on the Tree Survey in the Church parking lot expansion plan set).

The assessment was based on the definition of a champion tree as specifically defined in Cary ’s Land Development Ordinance: 

Any single tree that has been determined to be of exceptionally high value because of its species, size, age, or other professional criteria.  A canopy tree which is 30 inches or greater in diameter at breast height is considered as a champion.  Size ranges for understory trees are smaller, and vary based upon species.

Based on this assessment, only two of the nine champion trees were determined to be of “exceptional high value” due to their health, form, and size as a representative of the species.

Staff Recommendation:

Staff recommends approval of the plan with the condition that trees 7 & 8 as identified on the plan (determined to be “Champion Trees”) be saved and incorporated into the development plan. Saving the two Champion Trees:

1.   would comply with a Town Council objective to preserve existing healthy vegetation during development to enhance the visual character of the community

2.   would satisfy a Town Council goal to preserve trees 30" in diameter and larger to the extent practical and reasonable, while taking unique site conditions and features into consideration; and

3.    would result in an approximate 5% reduction in the number of parking spaces proposed, thus allowing the property owner to retain reasonable use of the property.

Town Center Review Commission
Date: November 14, 2007
Action:  The TCRC (by a vote of five to one) voted to forward the plan to the Town Council with a recommendation for approval.  The recommendation includes a condition that Champion Trees 7 & 8, as identified on the plan, be retained and incorporated into the development plan.

During the week leading up to the November TCRC meeting, the Church hired an Arborist to assess the general health of the nine trees on site that are 30” in diameter and larger.  The Arborist determined that five of the nine trees met the definition of Champion Tree with respect to general health.  However, the Arborist did not consider the overall shape and tree form as part of the criteria for determining the “exceptional value” of each tree.  It is staff’s opinion that only two of the nine trees on the site are in good overall health and have a shape or form typical of the specie.

After much discussion and review of two tree assessments (one from staff and one from an Arborist), the TCRC concluded that of the nine trees on site 30” in diameter and larger, only two of the trees, 7 & 8, met the overall definition of Champion Tree.

Commission member Tom Gruber had prepared three sketch plans for the applicant’s consideration illustrating possible site design alternatives that would allow the two Champion Trees to be saved.  The estimated loss of proposed parking spaces is between five to fifteen spaces out of 194 proposed p arks.

Town Council Action
Date:  December 13, 2007
Action:  The Town Council voted unanimously to approve the plan.  The plan included the removal of Champion Trees 7 & 8 as identified on the plan, and the installation of additional trees that exceed the minimum tree caliper allowed as compensation for the removal of Champion Trees.

Preliminary Champion Tree Survey
United Methodist Church Parking Lot
Southwest corner of the intersection
of Waldo Street and North Walker Street
October 23, 2007  

Tree numbering is the same as used on the Existing Conditions Plan, Sheet C-1a of the First United Methodist Church Parking Lot plan set.

Tree #1,  44” Oak
Location:  North of the Hazel Rood historic house, adjacent to back of curb of Waldo Street

• Visual wounds, cuts, scars and disease
• Irregular crown
• Some roots were exposed, root system in questionable condition

Observations:  Based on overall health, this tree is not a good candidate as a save tree.

Tree #2,  34” Oak
Location:  Directly south of the Hazel Rood historic house

• Visual wounds, cuts, scars and disease
• No defined crown (tree canopy), irregular shape
• Tree in state of decline

Observations:  Based on overall health, this tree is not a good candidate as a save tree.

Tree #3,  37” Oak
Location:  Approximately 28’ off southeast corner of the Hazel Rood historic house

• Visual wounds, cuts, scars and disease
• No defined crown, irregular shape
• Tree in state of decline

Observations:  Based on overall health, this tree is not a good candidate as a save tree.

Tree #4,  38” Oak
Location:  Approximately 50’ southeast of tree #3

• No visual cuts or scars
• Irregular – split crown
• Slim flux evident, possibility of internal wound and crack(s)
• Interior of tree could be weak
• Outward healthy appearance
• Multiple dead limbs on tree
• Roots appear to be in good condition

Observations:  While the tree canopy is only on one side of the tree, the tree appears to have reasonably good health, the split crown and slim flux (tree sap leaching out of the tree trunk) strongly suggest that the tree may have internal damage such as a hollow trunk or, the presence of decay thus weakening the overall structure of the tree).  This tree is questionable as a viable save tree.

Tree #5,  41” Walnut
Location:  Approximately 20’ south of tree #4

• Visual signs of cuts and scars
• Irregular crown (canopy only on one side of tree and tree is leaning)
• Trunk is significantly disfigured possibly due to past injuries and\or disease
• Multiple dead limbs on the tree
• Ants around base of tree.  Ant colony possibly nesting in roots of the tree, and root system could be questionable

Observations:  Tree canopy on only one side of the tree, possibly due to close proximity to tree #4.  The tree crown is present on only one side of both trees.  Ideally, both trees should be saved as one unit, in lieu of saving only one of the trees.

Tree #6,  35” Oak
Location:  Approximately 18’ off southern property line

• Split trunk possibly indicating interior of tree is weak
• Trunk has an irregular shape possibly due to past injuries and\or disease
• Crown is in the top of the tree
• Other plants growing out of the base of the tree
• Irregular crown shape
• Roots appear to be in a declining condition

Observations:  Based on overall health, this tree is not a good candidate as a save tree.

Tree #7,  35” Oak
Location:  Approximately 55’ off southern edge of existing gravel parking lot

• No visual wounds, cuts or scars
• No visual disease
• Symmetrical crown
• Appears healthy
• Where limbs were missing, the tree has healed over correctly
• Roots appear to be in good condition

Observations:  Based on good visual health and symmetry in trunk and crown, this is a tree worthy of saving.

Tree 8,  35” Oak
Location:  Southern side of existing gravel parking lot, approximately 45’ east of tree #7

• No visual wounds, cuts or scars
• No visual disease
• Symmetrical crown
• Appears healthy
• Where limbs are missing, the tree has healed correctly
• Roots appear to be in good condition

      Observations:  Based on good visual health and symmetry in trunk and crown, this is a tree worthy of saving.

Tree #9,  31” Oak
Location:  Approximately 20' off the west edge of existing gravel parking lot

• No visual wounds, cuts or scars
• No visual disease
• Irregular crown shape due to location along the edge of the forest area
• Leaning to the northeast, but appears healthy
• Where limbs are missing, the tree has healed correctly
• Roots appear to be in good condition

      Observations:  This tree is in close proximity to the gravel parking lot, suggesting there is no root        system       on the eastern side of tree.  The tree is in good health.  However, due to its irregular shape, this tree would have       a better appearance if saved with other existing trees in the immediate vicinity.

Summary:

Of the nine champion trees located on the Church property, only the two existing Oaks located just south of the existing parking area were determined to be ideally suited for consideration of saving (tree #7 and #8 as identified on the Tree Survey in the Church parking lot expansion plan set).  Another existing Oak (tree #9) located just west of the existing parking lot would also be a good save tree candidate if other trees in the immediate vicinity were also saved thus saving a small grove of trees as compared to the one champion tree.  This particular tree only has limbs on one side so the visual appeal of this tree would be enhanced if saved along with other trees.  Otherwise, as a stand-alone tree, the tree is not of specimen quality or, considered an exceptional high value tree.