TOWN OF CARY
REQUEST FOR REZONING/COMPREHENSIVE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT

APPLICANT(S)

OWNER(S)
Jeff Rider
5509 Den Heider Way
Raleigh, NC 27606
919-362-7252 phone
919-362-4124 fax
jridernc@aol.com		 Don Sutton
6532 Roosondal Ct.
Apex, NC 27502
919-362-5638

Jennie M. Pierce
9419 NC Hwy 49 South
Liberty, NC 27298-9517
LOCATION: Approximately 1/2 mile south of the intersection of Kildaire Farm Road and Arthur Pierce Road.
MAPS: Vicinity
Zoning
Land Use Plan

In Town Limits* [ X] Cary ETJ [ ] Cary Planning Jurisdiction Only [ ]
*Annexation petition received.

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING: June 10, 1999
PLANNING & ZONING BOARD: July 19, 1999
TOWN COUNCIL: August 12, 1999

PARCEL INFORMATION

Parcel #

Realid #

Area

076001075034

0055411

2.02 acres

 

REZONING DATA
 

CURRENT

PROPOSED
Zoning: Residential 30 (Wake County)

Office & Institutional

Conditional Use
Overlay District:    
Land Use:

Vacant

  

REZONING CONDITIONS
CURRENT:

No existing conditions.
PROPOSED:

1. Single story structure with a pitched roof. The exterior wall covering or siding shall be brick. The design, architecture, materials, and appearance of the site and its building shall be compatible and harmonious with adjacent land uses.

2. Limited to daycare facility.

3. Structure will be designed with residential character.

4. The building shall be limited to a maximum of 8,500 square feet of gross floor area.

5. A 4 foot high berm along the eastern property line and along the northern property line to a point 50 feet from the future right-of-way of Kildaire Farm Road.

6. A scalloped, board on board fence 4-6 feet in height shall be constructed along the top of the berm at the eastern property line and the northern property line to a point 50 feet from the future right-of-way of Kildaire Farm Road.

7. A minimum of 50% of the plant material required for the type A buffer will be placed on the side of the fence facing the Cotswold Subdivision.

REZONING HISTORY
Currently Wake County Zoning – Residential 30

 

SITE DATA

WATER/SEWER SERVICE
Staff Remarks: Water service would be extended down from Kildaire Farm Road. Sewer service would be provided from the existing residential subdivision to the north of the subject property.

 

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ x ] No [ ]
Staff Remarks: A traffic Impact analysis report was completed for the proposed rezoning. The report assumed the construction of a 8,000 square foot day care facility on the subject tract by the year 2000. The report identifies the impact of traffic generated by the proposed development and evaluates it with regard to capacity, safety and roadway requirements.

The traffic impact analysis report analyzed the Kildaire Farm Road/ Ten Ten Road intersection and the Kildaire Farm Road/Arthur Pierce Road intersection. Under existing conditions, both intersections operate acceptably in the AM and PM peak periods. Under 2000 build conditions, which include project related traffic, both intersections will continue to operate at acceptable service levels during the AM and PM peak periods. It should be noted that the build conditions assume roadway improvements to the intersection of Kildaire Farm Road/Ten Ten Road will be constructed by Mill Pond Village and Ten Ten apartments.

These improvements include: widening Kildaire Farm Road to provide a northbound through/right lane; widening Kildaire Farm Road to provide a separate southbound right turn lane; widening Ten Ten Road to provide separate eastbound and westbound right turn lanes, and providing hardware to allow the traffic signal to provide protected/permissive phasing. If these improvements are not in place when a site plan is submitted for the day care facility, then staff would reevaluate the project to determine it’s impact without the Mill Pond and Ten Ten apartments obligated improvements.

ENVIRONMENTAL CONSIDERATIONS
Staff Remarks: The subject property is not within a Reservoir Watershed Protection District.

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: Residential–10 CU Single Family Residential – Cotswold
South: Residential-30 (Wake County) Single Family Residential
East: Residential-10 CU Single Family Residential – Cotswold
West: Residential-30 (Wake County) Single Family Residential

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED
Plan Designation: Low Density Residential Office/Institutional
Alternate Designation: None No Change
Activity Center: None No Change

EXISTING LAND USE PLAN AMENDMENT HISTORY
None

STAFF ANALYSIS AND RECOMMENDATION
CHANGES SINCE PUBLIC HEARING: *Yes [ ] No [ ]
*See revised rezoning conditions on page # of this document.
PROTEST PETITION FILED: Petition Withdrawn
 

LAND USE PLAN AMENDMENT

Analysis: The Land Use Plan currently has this property designated for Low Density Residential, however, the plan does acknowledge that it is nearly impossible to pre-select appropriate sites for the small-scale nonresidential uses. The Plan states "Institutional uses, such as…daycare facilities should ideally be located in the neighborhood's activity center. However, such uses may be intermixed with residential uses in a neighborhood, provided that they are sufficiently buffered from adjoining residential uses and do not impose undue negative impacts on the neighborhood" (pg. 82). Therefore, the proposed rezoning to Office & Institutional due to it's conditions meets the general spirit of the plan and would not require a Plan amendment for approval.

Recommendation: Due to the conditions offered with the proposed rezoning, it meets the criteria set forth in Section 6.5.2 Criteria and Characteristics Common to All Residential Categories, therefore, staff recommends denial of the Plan Amendment to Office and Institutional.

REZONING REQUEST
Analysis:

The Town of Cary Land Use Plan states that institutional uses such as daycare facilities may be intermixed with residential uses in a neighborhood, provided that they are sufficiently buffered from adjoining residential uses and do not impose undue negative impacts on the neighborhood" (pg. 82). The applicant’s have proposed conditions to help insure compatibility with surrounding residential land uses, such as construction of a berm and fence in addition to the required type A buffer. Also, other conditions have been proposed to address architectural compatibility, such as brick siding, pitched roof, limited square footage, as well as limiting the building to a single story.

Recommendation:

Since zoning conditions have been proposed by the applicant to address issues noted by the Land Use Plan, and because an amendment to the Land Use Plan in not required for this rezoning, Staff recommends approval of this rezoning request. However, since this request is not located within the Town's ETJ, the town may not act on the rezoning request until after the parcel has been annexed by the Town. (NOTE: This annexation was tabled indefinitely on June 10, 1999.)

On August 5, 1999, the applicant requested that this rezoning be tabled until such time that the annexation issue has been resolved.

 

PLANNING & ZONING BOARD RECOMMENDATION
At their meeting of July 19, 1999 the Planning and Zoning Board voted to forward this request to Town Council with a recommendation of denial. Concerns were voiced that this site cannot be accessed from surrounding residential subdivisions without entering onto Kildaire Farm Road and by rezoning this particular parcel to O&I, this could open the door for future O&I rezoning requests within the immediate vicinity.

On August 5, 1999, the applicant requested that this rezoning be tabled until such time that the annexation issue has been resolved.