TOWN OF CARY

CONDITIONAL USE ZONING PERMIT

00-REZ-23

APPLICANT(S)

OWNER(S)

KPT Properties, L.P.
c/o Ms. Shannon Dixon
11000 Regency Pkwy
Suite 300
Cary, NC 27511
Ssdixon@konovertrust.com

 

KPT Properties, L.P.
11000 Regency Pkwy
Suite 300
Cary, NC 27511

 

LOCATION:

Waverly Place Shopping Center

 

PARCEL INFORMATION

Parcel #

Realid #

Area

Lot 6 (outparcel) 0762.15-64-1596

0168433

.92 acres

Lot 3 (shopping center) 0762.15-63-0729

0168430

22.54 acres

Total

  

23.46 acres

PRESENT ZONING: B-2 CU

APPROVED ZONING: B-2 CU Amended

DATE OF TOWN COUNCIL APPROVAL: September 14, 2000

FINAL CONDITIONS:

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.

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.

Permitted Uses: banks, barber and beauty shops, shoe repair, laundry and dry cleaning, restaurants, parking lots, service station, radio and television repair, offices, business offices, cafeterias, financial offices, florists, medical offices (human), household equipment, hotels, libraries, theaters, telephone sales, reproduction establishments, governmental offices, day care centers.

Lot 3 (Wake County PIN# 0762.15-63-0729), the shopping center parcel, shall also be permitted personal service establishments.

3. Three (3) outparcels bordering Kildaire Farm Road and SR 1009 will allow restaurants with drive-through service.

4. Drive-through restaurant users shall be split allowing no more than one (1) on Kildaire Farm Road and two (2) on SR 1009.

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

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

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

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.

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.

 

General Conditions:

1. Fifty foot (50') landscaped strip to be measured from new right of way, along Kildaire Farm Road and Apex-Macedonia Road. No parking or structures permitted in 50' area.

2. 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.

3. Apex-Macedonia Road will be improved on subject property side to town requirements. To be under contract within one year of approved zoning.

4. Land south of the draw in the vicinity of Sanders Street will be designated for R-8 CU zoning.

5. Land north of the draw will be designated for office zoning to a point where B-2 CU zoning would begin.

6. 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).

7. A 60' buffer between R-8 CU and 0&I CU zoning.

8. 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.

9. No land disturbing activities will occur until site plans are approved. Site plans will contain field topo and identify significant trees.

10. 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.)

11. There will be one main entrance and one right-in right-out only entrance on both Kildaire Farm Road and Apex-Macedonia Road.