Town of Cary , North Carolina
Rezoning Staff Report to Town Council
06-REZ-29 Waverly Place
Greg Barnes, Case Manager

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 31.88 acres located at the southeast intersection of Kildaire Farm and Tryon Roads, from General Commercial – Conditional Use (GC-CU) to General Commercial – Conditional Use (GC-CU)  to modify the existing conditions governing the subject property. (Zoning Map)

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml.

 

Background Information

Applicant	Mr. Luis Rios (Zapolski and Rudd, LLC)
Agent	J.W. Shearin Elam, Todd, d’Ambrosi 2880 Slater Road, Suite 200 Morrisville, NC 27560
Acreage	31.88 ±
General Location Vicinity Map	Southeast intersection of Kildaire Farm and Tryon Roads and within the Waverly Community Mixed Use Overlay District
Hearings / Meetings	Public Hearing December 14, 2006	Planning & Zoning April 16, 2007	Town Council May 10, 2007
Land Use Designation Land Use Map	Commercial and Office/Institutional
Town Limits	Corporate Limits
Annexation	Not Required
Valid Protest	None
P&Z Recommendation	9-0 Recommendation of Approval
Proposed Use (subject site)	Mixed use development consisting of office, retail, hotel and residential uses
Final Council Action	Approved

The requested zone change amendment is associated with the Waverly Place Mixed Use Sketch Plan request (MU-06-05).  The subject property is currently zoned General Commercial – Conditional Use (GC-CU) and has numerous conditions that run with the land.  The applicant is requesting Council approve the proposed rezoning to allow modifications to the conditions associated with the proposed Waverly Mixed Use Sketch Plan.  

The rezoning request proposes to eliminate a 60% cap on commercial square feet in the center and would allow for a reduction in the streetscape buffer for the associated properties from 50’ to 30’. With approval of the proposed Mixed-Use Sketch Plan the streetscape buffer would be reduced to 10’. This request also proposes a change to the allowable building height within the center by eliminating the 84’ maximum building height condition from these properties. The related Mixed-Use Sketch Plan case would allow an 8-story structure in the interior portions of Tract #3.

Staff has worked with the applicant to prepare a detailed comparison of the existing and proposed conditions, as outlined below:

ZONING CONDITIONS  (MAP)
Existing zoning conditions (If applicable)	Proposed zoning conditions (If applicable)
1. Maximum development commercial uses 60% of acreage. The remaining 40% shall be office uses. Commercial coverage to be limited to Lots 3, 5, 6, 7, 9, 10, 12 and 13 as shown on recorded plat of Waverly Place Associates Book of Maps 1987, page 1834. These are the parcels bordering SR1009 and Kildaire Farm Road, and keep the commercial development at least 725 feet away from the Waverly Place and Lockridge property line, and approximately 450 feet away from the Ambience Place Subdivision property line.	1. Commercial uses shall be limited to Tracts 3, 5, 6, 7, 9, 10, 12 and 13 as depicted on Exhibit A (attached). In addition, no commercial development shall be located within 725 feet from the Waverly Place and Lockridge property line, and within 450 feet from the Ambience Place Subdivision property line.
2. Permitted Uses: stores retailing automobile accessories, groceries, drugs, notions, fish, meat, antiques, hardware, upholstery, paints, furniture, radio and television, appliances, bicycles, wallpaper, electrical and plumbing fixtures, bakeries, bookstores, candy, clothing, dry goods, gifts, hobbies and crafts, jewelry, leather goods, magazines, musical goods, pets, sporting goods, shoes and toys.	2. Permitted Uses for tracts 1, 2, 4 and 7 as depicted on Exhibit A shall include stores retailing automobile accessories, groceries, drugs, notions, fish, meat, antiques, hardware, upholstery, paints, furniture, radio and television, appliances, bicycles, wallpaper, electrical and plumbing fixtures, bakeries, bookstores, candy, clothing, dry goods, gifts, hobbies and crafts, jewelry, leather goods, magazines, musical goods, pets, sporting goods, shoes and toys. Permitted Uses for tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 shall permit any use that is consistent with General Commercial zoning or Community Mixed-Use Overlay Districts according to the Land Development Ordinance.
3. Three (3) outparcels bordering Kildaire Farm Road and SR 1009 will allow restaurants with drive-through service.	3. A maximum of one (1) restaurant with drive-through service shall be permitted along Kildaire Farm Road (within tract 12 or 13) and a maximum of two (2) restaurants with drive-through service shall be permitted along Tryon Road (within tracts 6, 8, or 9) as depicted on Exhibit A.  In no circumstance shall a restaurant with drive-through service be transferable to any parcel other than within tracts 6, 8, 9, 12 or 13.
4. Drive-through restaurant users shall be split allowing no more than one (1) on Kildaire Farm Road and two (2) on SR 1009.	(Consolidated with Condition #3)
5. Outparcels sited for drive-through service shall be limited to lots 6, 9 and 12 on Kildaire Farm Road, as shown on recorded plat of Waverly Place Associates book of Maps 1987, page 1834	(Consolidated with Condition #3)
6. Should any or all of these designated lots be developed for another use, the drive-through service shall not be transferable to another outparcel.	(Consolidated with Condition #3)
7. Should the interior roadway configuration allow for the addition of a lane to the outparcel curb cut for turns, then the affected outparcel shall widen its curb cut to allow for turn lanes, one (1) entrance, two (2) exits for right and left hand turns	(Removed)
8. All drive-through service windows shall be sufficiently screened by grade and landscaping from primary roadways or the window service shall be located so that orientation or visibility, if any, is from the viewpoint of the internal roadway and shopping center.	(No change)
9. Building heights to be as follows: a. First 130 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Apex Macedonia Road: Maximum height 42 feet. b. 130 feet to 190 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Apex-Macedonia Road: Maximum height 56 feet. c. 190 feet to 250 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Apex-Macedonia Road: maximum height 70 feet. d. After first 250 feet: Maximum height not to exceed 84 feet. Each building side to be measured individually. Height to be measured from approved grading plan. At no time can the east side of a building exceed an additional 14 feet.	9. Building heights for Tracts 1, 2, 4 & 7 as shown on Exhibit A shall be as follows: A.  First 130 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height 42 feet. B.  130 feet to 190 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height 56 feet. C.  190 feet to 250 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: maximum height 70 feet. D.  More than 250 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height not to exceed 84 feet. Each building side shall be measured individually. The height of each side is to be measured from the approved grading plan. At no time can the east side of a building exceed an additional 14 feet. Building heights for Tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 as shown on Exhibit A shall meet building height standards as set forth by the Land Development Ordinance. An increase to building height shall only be permitted through the Mixed-Use Sketch Plan Approval Process.
10. Fifty foot (50') landscaped strip to be measured from new right of way, along Kildaire Farm Roadand Apex-Macedonia Road. No parking or structures permitted in 50' area.	10. Tracts 1, 2, 4 & 7  as shown on Exhibit A shall have a fifty foot (50') landscaped strip to be measured from the right of way, along Kildaire Farm and Tryon Roads. No parking or structures permitted in 50' area. Tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 as shown on Exhibit A shall include a streetscape buffer consistent with the Land Development Ordinance along Kildaire Farm and Tryon Roads. A decrease of streetscape width may be allowed by approval of a Mixed-Use Sketch Plan.
11. Kildaire Farm Road will be improved to the same section, with landscaping, as in Lochmere. Total road to be under contract within one year of approved zoning.	(Removed)
12. Apex-Macedonia Road will be improved on subject property side to town requirements. To be under contract within one year of approved zoning.	(Removed)
13. Land south of the draw in the vicinity of Sanders Street will be designated for R-8 CU zoning.	13. On Tract 2, the land south of the draw in the vicinity of Sanders Street will be designated for RMF-C zoning.
14. Land north of the draw will be designated for office zoning to a point where B-2 CU zoning would begin.	14. On Tract 2, Land north of the draw will be designated for office zoning to a point where GC-CU zoning would begin.
15. Buffers -- 105' on creek bank on the east side of the property (water retention structures can be built in buffer) and 30' buffer around new and existing ponds (existing small lake in CU B-2 may be removed or restructured).	15. The applicant shall maintain the existing 105' buffer along the creek bank on the east side of the property. Water retention structures are permitted to be constructed and maintained within the buffer.  In addition a 30' buffer shall be installed and maintained around new and existing ponds.
16. A 60' buffer between R-8 CU and 0&I CU zoning.	A 60' buffer shall be installed and maintained between RMF-C and OICU zoning districts.
17. Approval of site plans in areas having slopes of greater than fifteen percent (15%) will be contingent on staff review of detailed studies provided by the developer for streets, utilities, parking area, and buildings.	Approval of site plans in areas having slopes of greater than fifteen percent (15%) shall be contingent on staff review of detailed studies provided by the developer for streets, utilities, parking area, and buildings.
18. No land disturbing activities will occur until site plans are approved. Site plans will contain field topo and identify significant trees.	No land disturbing activities shall occur prior to site plan approval.  Site plans will contain field topography and identify significant trees.
19. No development will be constructed on slopes over twenty-five percent (25%) where the area exceeds 10,000 SF. (All slopes shall be determined from original topo.)	No development shall be constructed on slopes over twenty-five percent (25%) where the area exceeds 10,000 SF. (All slopes shall be determined from original topography.)
20. There will be one main entrance and one right-in right-out only entrance on both Kildaire Farm Road and Apex-Macedonia Road .	20. A maximum on one full-access and one right-in-right-out entrance shall be permitted along both Kildaire Farm and Tryon Roads.

Consistency with the Comprehensive Plan

A. Land Use Plan: 
This request conforms to the adopted Land Use Plan.  The current land use designation is Commercial and Office/Institutional which is consistent with the requested zoning district of General Commercial – Conditional Use (GC-CU).  The subject parcels are part of the Waverly Community Mixed Use Center which currently includes a mix of Commercial (COM), Office/Institutional (OFC/INS) and High Density Residential (HDR) uses.

Tryon Road
Existing Section:  4 Lane median divided (100’ ROW)
Future Section:  6 Lane median divided (124’ ROW)
Road Improvements:  N/A
Sidewalks Requirements: Both sides
Bicycle Requirements: Wide outside lanes (14’)
Transit Requirements:  None

Kildaire Farm Road
Existing Section:  4 Lane median divided (115’ ROW)
Future Section:  4 Lane median divided
Road Improvements:  N/A
Sidewalks Requirements: Both sides
Bicycle Requirements: Wide outside lanes (14’)
Transit Requirements:  None

Traffic Analysis:  A Traffic Analysis was completed for the proposed rezoning and associated mixed use sketch plan.  Per the LDO, the applicant is only responsible for mitigating traffic impacts generated by their proposed development.  According to the Traffic Impact Analysis, the following recommendations were made to mitigate such impacts:

·          Extend the additional right-turn lane on the westbound approach along Tryon Road to provide for a right-turn lane with approximately 550 feet of storage length.

·          Convert the existing exclusive right-turn lane on the eastbound Tryon Road approach to provide a continuous through lane and an exclusive right-turn lane with at least 100 feet of storage length at Kildaire Farm Road.  The eastbound through lane at this intersection should extend eastward to form a third lane along the frontage of Tryon Road which terminates at New Waverly Place. 

In addition, the following geometric and phasing improvements were recommended:

·          Upgrade the signal to accommodate proposed geometric changes.

·          Construct an additional lane on the northbound approach along Kildaire Farm Road to provide for a right-turn lane into the development that provides at least 150 feet of storage.

·          Lengthen the existing southbound left-turn lane along Kildaire Farm Road to provide 400 feet of storage.

·          On the westbound New Waverly Place approach, lengthen the existing left-turn lane to extend back to the internal Advent Court intersection and construct an additional left-turn that provides at least 150 feet of storage to form dual left-turn lanes out of the site.

·          Upgrade the signal to accommodate proposed geometric changes.

·          At Kildaire Farm Road and Colonnades Way, a 100 foot northbound right turn lane should be constructed.

·          At Tryon Road and Colonnades Way, there should be a continuous eastbound right turn lane at this intersection.

For the intersection at Tryon Road and Keisler Drive, the following geometric and phasing improvements are recommended at this intersection to improve operations, safety, and queuing on several approaches:

·          Construct an additional travel lane on the eastbound Tryon Road approach to provide a continuous exclusive right-turn lane into the development that extends back to the 100 feet west of the Kildaire Farm Road intersection.

·          Upgrade the signal to accommodate proposed geometric changes.

·          The Town of Cary’s Tryon Road Project will provide 180 feet of storage for the westbound left-turn lane. It is recommended to extend this lane to provide approximately 250 feet of storage length to prevent potential queuing problems during the peak hours.

Internal Site Plan Recommendations include:

·          Realign the skewed intersection of New Waverly Place and Advent Court to provide better traffic flow along the perimeter of the development.  This would require reconstruction of New Waverly Place to serve as the through movement and Advent Court would “T” into New Waverly Place under stop sign control.

·          It is recommended that New Waverly Place and Colonades Way will provide a three lane cross section with bike lanes and landscaped medians with left turn lanes at median breaks through the development.

C.  Parks & Greenways:  Greenways MapAccording to the approved Parks, Recreation and Cultural Resources Facilities Plan there are no issues related to this site.  According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:  
According to the Town of Cary GIS maps, there are no stream buffers currently impacting the subject site. Should a field determination identify a stream buffer, the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “C” Buffer along the northern property line adjacent to Centrum at Crossroads.

F.  Streetscape: 
According to Section 7.2.4 (LDO), the applicant is required to provide a 30’ Streetscape along Kildaire Farm and Tryon Roads. Non-residential developments located on local or private streets shall provide a 15’ Streetscape.  The applicant is requesting a reduction to the required streetscapes from 30’ to 10’ for the properties along Kildaire Farm and Tryon Roads.  Staff has no objection to the reduction for parcels being considered with this Mixed Use Sketch Plan submittal, however Staff reserves the right to evaluate any streetscape reduction for all other parcels along Kildaire Farm and Tryon Roads at time of redevelopment.

Consistency with the Land Development Ordinance

The requested rezoning is intended to modify the conditions set forth on the land.  Prior to Site Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

A detailed comparison of the requested zoning condition amendments is detailed in the background section of this Staff report.

Town Council Criteria for Consideration in Reviewing Rezoning Cases:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezoning cases:

1.       The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.        The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.         The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.         The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.         The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract;  and

6.         The proposed zoning classification is suitable for the subject property;

Changes since the Town Council Public Hearing

Changes since the Town Council Public Hearing with respect to the rezoning have been merely cosmetic.  There have been no conditions added or deleted since the public hearing.

Feedback from the Planning & Zoning Board Meeting

At the April 16, 2007 Planning & Zoning Board meeting, two citizens addressed concerns related to Stormwater management and available park and recreation areas.

 

Ms. Peggy Warner spoke concerns regarding the stormwater management of the site. She expressed concerns that additional impervious surface on the site would increase the localized flooding.

 

Mr. Ken Bobbitt also expressed concerns of flooding. He believed that the construction of this project could result in a need for him to build a concrete wall along his property boundary. Mr. Bobbitt asked if the Town would help finance the construction of a concrete wall to prevent flooding along Ambiance Place. Mr. Bobbitt also mentioned that the addition of new residents to the area would increase the need for public parks in the area.

 

The Planning and Zoning Board forwarded this case to the May 10, 2007 Town Council meeting with a unanimous (9-0) recommendation of approval.

Other Reference Information

Schools

The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

*The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors.  A site with 150 two-bedroom units could yield 30 additional students, while 134 three bedroom units could yield 113 students. The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment.  During the rezoning process, student yield can not be accurately determined due to unknown variables.

Development Plan Issues

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.

Staff observation on the Zoning Conditions

The proposed zoning conditions remove standards that exceed what the Land Development Ordinance would allow. Removal of these conditions will allow for this project to meet the standards as regulated by the Land Development Ordinance. The reductions in the streetscape buffer and increases to maximum building height are being requested as part of the Mixed-Use Sketch Plan.

Ordinance for Consideration:  06-REZ-029 [Conditional Use] 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 31.88 ACRES LOCATED along 2001 Kiladire Farm ROAD owned by: ZR WAVERLY PLACE LLC, ZR WAVERLY OP LLC, TRIANGLE REAL ESTATE CO., SANDERSON FAMILY PROPERTIES LLC, RBC CENTURA BANK, AND JULES & KATHRYN LIEBLEIN FROM GENRAL COMMERCIAL CONDITIONAL USE (GCCU) TO GENERAL COMMERCIAL Conditional use (GCCU).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

Parcel & Owner Information
Property Owner(s)	County Parcel Number (10 digit)	Real Estate ID	Area/Acres
ZR Waverly Place LLC 501 Washington Place Durham, NC 27701	0762-63-0729	0168430	22.54
ZR Waverly Op LLC 501 Washington Place Durham, NC 27701	0762-53-3793 0762-54-4061 0762-54-7396 0762-64-1596	0168438 0168437 0168435 0168433	1.27     1.45 1.14  0.92
Triangle Real Estate Co. 109 Raphael Drive Cary, NC 27511	0762-53-4379	0168439	1.16
Sanderson Family Properties, LLC 106 Woodwinds Industrial Ct Cary, NC 27511	0762-64-3652	0168432	0.94
RBC Centura Bank (f/k/a Centura Bank) PO Box 1220 Rocky Mount, NC 27802	0762-53-5260	0168440	1.01
Jules & Kathryn Lieblein 314 Long Point Long Beach, CA 90803	0762-54-5281	0168436	1.45
Total Acres	31.88

Section 2:  That the Property is rezoned from General Commercial-Conditional Use to General Commercial-Conditional Use subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3:  The Conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are: 

1. Commercial uses shall be limited to Tracts 3, 5, 6, 7, 9, 10, 12 and 13 as depicted on Exhibit A (attached). In addition, no commercial development shall be located within 725 feet from the Waverly Place and Lockridge property line, and within 450 feet from the Ambience Place Subdivision property line.

2. Permitted Uses for tracts 1, 2, 4 and 7 as depicted on Exhibit A shall include stores retailing automobile accessories, groceries, drugs, notions, fish, meat, antiques, hardware, upholstery, paints, furniture, radio and television, appliances, bicycles, wallpaper, electrical and plumbing fixtures, bakeries, bookstores, candy, clothing, dry goods, gifts, hobbies and crafts, jewelry, leather goods, magazines, musical goods, pets, sporting goods, shoes and toys. Permitted Uses for tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 shall permit any use that is consistent with General Commercial zoning or Community Mixed-Use Overlay Districts according to the Land Development Ordinance.

3. A maximum of one (1) restaurant with drive-through service shall be permitted along Kildaire Farm Road (within tract 12 or 13) and a maximum of two (2) restaurants with drive-through service shall be permitted along Tryon Road (within tracts 6, 8, or 9) as depicted on Exhibit A.  In no circumstance shall a restaurant with drive-through service be transferable to any parcel other than within tracts 6, 8, 9, 12 or 13.

4. All drive-through service windows shall be sufficiently screened by grade and landscaping from primary roadways or the window service shall be located so that orientation or visibility, if any, is from the viewpoint of the internal roadway and shopping center.

5. Building heights for Tracts 1, 2, 4 & 7 as shown on Exhibit A shall be as follows: A.  First 130 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height 42 feet. B.  130 feet to 190 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height 56 feet. C.  190 feet to 250 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: maximum height 70 feet. D.  More than 250 feet from edge of ultimate right-of-way from Kildaire Farm Road and/or Tryon Road: Maximum height not to exceed 84 feet. Each building side shall be measured individually. The height of each side is to be measured from the approved grading plan. At no time can the east side of a building exceed an additional 14 feet. Building heights for Tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 as shown on Exhibit A shall meet building height standards as set forth by the Land Development Ordinance. An increase to building height shall only be permitted through the Mixed-Use Sketch Plan Approval Process.

6. Tracts 1, 2, 4 & 7  as shown on Exhibit A shall have a fifty foot (50') landscaped strip to be measured from the right of way, along Kildaire Farm and Tryon Roads. No parking or structures permitted in 50' area. Tracts 3, 5, 6, 8, 9, 10, 11, 12, & 13 as shown on Exhibit A shall include a streetscape buffer consistent with the Land Development Ordinance along Kildaire Farm and Tryon Roads. A decrease of streetscape width may be allowed by approval of a Mixed-Use Sketch Plan.

7. On Tract 2, the land south of the draw in the vicinity of Sanders Street will be designated for RMF-C zoning.

8. On Tract 2, Land north of the draw will be designated for office zoning to a point where GC-CU zoning would begin.

9. The applicant shall maintain the existing 105' buffer along the creek bank on the east side of the property. Water retention structures are permitted to be constructed and maintained within the buffer.  In addition a 30' buffer shall be installed and maintained around new and existing ponds.

10. A 60' buffer shall be installed and maintained between RMF-C and OICU zoning districts.

11. Approval of site plans in areas having slopes of greater than fifteen percent (15%) shall be contingent on staff review of detailed studies provided by the developer for streets, utilities, parking area, and buildings.

12. No land disturbing activities shall occur prior to site plan approval.  Site plans will contain field topography and identify significant trees.

13. No development shall be constructed on slopes over twenty-five percent (25%) where the area exceeds 10,000 SF. (All slopes shall be determined from original topography.)

14. A maximum on one full-access and one right-in-right-out entrance shall be permitted along both Kildaire Farm and Tryon Roads.

These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4:  This ordinance shall be effective on the date of adoption. 

Adopted and effective:  May 10, 2007

Ernest F. McAlister Mayor		Date