TOWN OF CARY

CONDITIONAL USE ZONING PERMIT

1. The property with Wake County PIN 0734.04-83-5370 shall be permitted to develop pursuant to the B-2 zoning district guidelines, except that the following uses otherwise allowed therein shall be prohibited:

1. Convenience stores
2. Restaurants with drive-thru windows
3. Outdoor amusement establishments
4. Automobile service stations
5. Car washes
6. Vehicle sales and rental
7. Parking lots, as the principal use of the property
8. Commercial outdoor recreation
9. Nightclubs and bars
10. Public utility facilities
11. Utility substations
12. Communications, radio, TV, microwave or other telecommunications towers
13. Any establishment having any outside amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building
14. Wholesale, warehouse and distribution
15. Sexually oriented business
16. Hotels and motels
17. Kennels
18. Transportation facilities

1. Retail stores
2. Convenience stores
3. Hotels and motels
4. Guest houses
5. Restaurants
6. Amusement establishments
7. Automobile service stations
8. Car washes
9. Vehicle sales and rental
10. Funeral homes
11. Radio and television broadcasting studios
12. Farm markets
13. Parking lots, as the principal use of the property
14. Commercial outdoor recreation
15. Nightclubs and bars
16. Public utility facilities
17. Utility substations
18. Communications, radio, TV, microwave or other telecommunications towers
19. Kennels
20. Cemeteries
21. Recreation centers
22. Nursing homes
23. Package delivery/messenger services
24. Any establishment having any outdoor amphitheater, stage, sports equipment, playing field or court, or any provision for live or recorded acoustic or amplified entertainment outside of the building
25. Wholesale, warehouse and distribution
26. Sexually oriented business
27. Outdoor Amphitheater, commercial
28. Outdoor Amphitheater, government
29. Personal service establishments
30. Transportation facilities
31. Post Offices
32. Personal services establishments

4. In accordance with Chapters 11 and 14 of the Unified Development Ordinance, entitled Community Appearance and Environmental Protection Standards, attached hereto as Exhibit A, as Chapters 11 and 14 existed in October 1996, yards and setbacks for the subject properties shall be as follows:

1. For the property with Wake County PIN 0734.04-83-5370, there shall be a thirty foot streetscape and fifty foot building setback measured from the existing 150 foot Highway 55 right-of-way line (the fifty foot building setback may be reduced to thirty feet if there is no vehicular use area within fifty feet of the Highway 55 right-of-way line); along the Connemara Drive right-of-way line there shall be a ten foot streetfront buffer and thirty foot building setback; the buffer and building setback along the southern property line will be established in accordance with Section 10.3.12 of the Unified Development Ordinance; and there shall be a thirty-two and one half foot buffer plus a ten foot building setback from the buffer measured from the eastern property line. No easements are permitted to pass parallel through buffers. In such cases, the width of the buffer must be measured from the edge of the easement rather than from the property line or right-of-way line.
2. For the property with Wake County PIN 0734.04-83-5629, there shall be a thirty foot streetscape and fifty foot building setback measured from the existing 150 foot Highway 55 right-of-way line (the fifty foot building setback may be reduced to thirty feet if there is no vehicular use area within fifty feet of the Highway 55 right-of-way line); along the Connemara Drive right-of-way line there shall be a ten foot streetfront buffer and thirty foot building setback; the buffer along the northern property line will be twenty-five feet plus a ten foot building setback; and there shall be a ten foot buffer plus a ten foot building setback from the buffer measured from the common property line with Wake County PIN 0734.04-83-8725. No easements are permitted to pass parallel through buffers. In such cases, the width of the buffer must be measured from the edge of the easement rather than from the property line or right-of-way line.

For both tracts, Plaintiffs pledge to use their best efforts to relocate easements fronting the Highway 55 right-of-way to an alternate location not fronting said right-of-way. In addition to the landscaping requirements cited elsewhere within this agreement, ornamental trees shall be planted at twenty foot intervals upon development of the subject properties.

6. Traffic requirements as set forth in Chapter 16, attached hereto as Exhibit B and as it existed in October 1996, shall be applicable to the subject properties. Pursuant to 16.1.7 ("Fees"), the annual Town of Cary operating budget in force in October 1996 shall apply.

7. Plaintiffs’ access to water and sewer will be subject to Chapter 11.1.8 as it appears in exhibit A.

8. The fee schedule for acreage fees, water and sewer connections and development shall be calculated pursuant to the Town’s ordinances in force in October 1996.

9. Plaintiffs shall be required to seek site plan approval in accordance with the then current UDO and the foregoing development restrictions no later than December 31, 2007. In the event that Plaintiffs’ site plan is denied in violation of the negotiated restrictions and provisions of this agreement, Plaintiffs’ shall have an option to refile and reinstate this action (97 CVS 13700) in full force and effect.

10. The foregoing development restrictions shall be applicable through December 31, 2007. Thereafter, the then applicable Unified Development Ordinance shall be applicable to future development of the sites.