TOWN COUNCIL

REQUEST FOR REZONING/COMPREHENSIVE PLAN AMENDMENT

APPLICANT(S)

OWNER(S)
John and Beatrice Kuhn
2117 Piney Plains Road
Cary, NC 27511
(919) 859-0041		 John and Beatrice Kuhn
6333 Tryon Road
Cary, NC 27511
(919) 859-2384
LOCATION: 2117 Piney Plains Road (Between Walnut and Tryon Road)
MAPS: Vicinity
Zoning
Land Use Plan

In Town Limits [ x ] Cary ETJ [ ] Cary Planning Jurisdiction Only [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING: April 8, 1999
PLANNING & ZONING BOARD: May 17, 1999
TOWN COUNCIL: June 10, 1999

 

PARCEL INFORMATION

Parcel #

Realid #

Area

077206388737

0029889

0.69 acres

077206387693

0029888

1.38 acres

TOTAL AREA

2.07 acres

 

REZONING DATA
 

CURRENT

PROPOSED
Zoning:

Office & Institutional Conditional Use

Office & Institutional
Conditional Use Amended
Overlay District:

N/A

N/A
Land Use:

Day Care Center

Day Care Center

REZONING CONDITIONS

CURRENT

PROPOSED
1. The property will only be used for a small child care facility within the existing building and outdoor areas. The child care facility will be limited to a maximum of 25 children. 1. The property will only be used for a small child care facility within the existing building and outdoor areas. State Day care regulations specify a maximum of 29 children in a small day care facility.
2. No new buildings will be built to facilitate this use at this site.

2. No change
3. Existing trees and other significant vegetation will be preserved to the fullest extent possible and maintained

3. No change
4. The existing residential character of the property will be maintained

4. No change
5. Signage will be limited to 1.5 square feet on the building facade near the front door. No signage will be requested or posted on the ground on premise

5. No change
6. The property will be connected to Town of Cary sewer at that time which it would be made available to Piney Plains Road in the approximate vicinity of 2117 Piney Plains Road

6. No change
7. A site plan as drawn up by a licensed architect will be submitted upon zoning approval

7. No change
8. To further prevent negative impact on adjacent properties, additional screening can be provided as determined at the site plan review.

8. No change
9. Parking for employees will be located in the rear of the property and will be screened from public view

9. No change
10. If additional parking for parents dropping off or picking up children is placed in the front of the property, additional screening will be provided as determined at the site plan review.

10. No change
11. Conditions as stipulated in Board of Adjustments Case No. 95-17-SU/V will be adhered to.

11. No change

REZONING HISTORY
Case #96rez21
From _R-30__ Zoning To Office & Institutional Conditional Use Zoning
Approved by Town Council on: July 24, 1996

 

SITE DATA

WATER/SEWER SERVICE
Staff Remarks:

Water is available to the property via a 16" waterline within the right-of-way of Piney Plains Road. Sanitary sewer service is not currently available to the site. Connection to the Town’s sanitary sewer system should be required with the construction of Macedonia Village Apartments, currently in the site plan review process, which will provide for sewer in the vicinity of the Little Treasures Daycare site.

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ ] No [ X ]
Staff Remarks:

Per the Interim Planned Development Ordinance, the proposed request does not require a Traffic Impact Analysis report.

ENVIRONMENTAL CONSIDERATIONS
Staff Remarks:

The property is located within the Swift Creek Watershed and would be required to comply with the Town’s Reservoir Watershed Protection Ordinance.

 

WAKE COUNTY SCHOOL CAPACITY

There shall be no additional impact to the Wake County School system.

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:
North: R-30 PUD and R-30CU Residential
South: R-30CU Residential
East: R-30 PUD Macedonia Village – Currently Vacant
West: R-30 and R-30 CU Residential

 

TOWN OF CARY LAND USE PLAN DATA
 

CURRENT

PROPOSED
Plan Designation: Medium Density Residential Office/Institutional
Alternate Designation: None None
Activity Center: None None

 

EXISTING LAND USE PLAN AMENDMENT HISTORY
None

 

STAFF ANALYSIS AND RECOMMENDATION
CHANGES SINCE PUBLIC HEARING: *Yes [ ] No [X ]
*See revised rezoning conditions on page # of this document.
PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [ ]
 

LAND USE PLAN AMENDMENT

Analysis: The Town's Land Use Plan has this property designated for Low Density Residential despite the fact that the property is used as a small day care.

Since the proposed rezoning to amend the conditions does not match the Land Use Plan designation, a Plan Amendment was automatically attached to the rezoning. However, the property has a single-family home and is surrounded by residential. For these reasons, staff does not support the amendment of the Land Use Plan Map from Low Density Residential to Office and Institutional, since that designation would indicate that the property should be used by the more intense office and institutional uses allowed.

Recommendation: Staff recommends not to amend the Land Use Plan Map despite the support for the amendment of the conditions on the rezoning.

REZONING REQUEST
Analysis:

The proposed request would have a minor effect to the intensity of the site. Moreover, the request would make the zoning conditions consistent with number of children allowed in a small daycare facility by the State of North Carolina.

Recommendation:

Staff recommends approval of this request to amend the current zoning conditions.

PLANNING & ZONING BOARD RECOMMENDATION
At their meeting of May 17, 1999, the Planning and Zoning Board unanimously approved a motion to forward this rezoning request to Town Council with a recommendation of approval, and to support staff's recommendation not to amend the Land Use Plan.