January 10, 2002

1. A 24 foot ingress/egress easement is granted across the rear of the property.

2. Maximum building height of two (2) stories.

3. Building design shall retain residential characteristics.

Staff Remarks: According to Cary GIS information, public water is available to the property on Walnut St. and on Lawrence Rd. Public sanitary sewer is not readily accessible. Off-site sewer installation will be required to serve this property.

Staff Remarks: According to Cary GIS information, public water is available to the property on Walnut St. and on Lawrence Rd. Public sanitary sewer is not readily accessible. Off-site sewer installation will be required to serve this property.

A 4,000 sq.ft general office will generate 6 AM & PM peak hour trips with an ADT of 44 trips per day.

Street improvements will be required along the property frontage in conjunction with site development.

1.) Walnut Street – designated to have an ultimate six lane median divided cross section (102’ back-to-back centered within 124’ right-of-way).

2.) Lawrence Road – ultimate three lane collector street required (45’ back-to-back centered within 67’ right-of-way)

In 1998 the Town adopted the SE Gateway Area Land Use Plan. This identified the property for low-density residential use. In recognition of the increased impact of traffic on existing dwellings along the corridor and in order to maintain appropriate forms of development along this important gateway for the town, the plan also set out potential land use alternatives. In this case an alternative was for the existing dwelling to be converted, allowing a variety of small scale low intensity uses The use characteristics would be low intensity minimal impact on adjacent neighborhoods residential character, low traffic generators.

To implement such a land use vision for the area requires rezoning either of individual lots subject to conditions or the adoption by the Town of a comprehensive zoning district. For the former suitable conditions would need to be attached to satisfy the Town concerning safeguarding existing neighborhoods. A new zoning district would look at the wider area and set out the general standards of development concerning the facility’s layout, design, and appearance. Since no standards have been developed to ensure that there is not adverse impact to neighborhood’s abutting properties fronting along Walnut Street nor have sufficient conditions been offered by the applicant to reflect the Town's design goals and land use vision for the corridor, staff does not believe that the proposed rezoning is consistent with the adopted Land Use Plan for this corridor. For example, the applicant has not offered conditions that define "residential character," identify setback or buffers, shared parking, cross access, or lighting standards that help ensure consistency with the Land Use Plan.

The Town is currently engaged in working with the local community along Walnut Street to draw up zoning regulations and design standards which would make up a new zoning district. A draft district should be available this May for Council’s consideration.

At the Public Hearing held January 10, 2002 the Council was in consensus to table this item until after the Council Retreat. At the Council Retreat the Council decided to move forward with an overlay district for the Walnut Street Corridor. Staff was directed to begin working on this project immediately. A draft district should be available this May for Council’s consideration. This rezoning case will be impacted, as it is located in the proposed overlay district.

Valid [ ] Invalid [ ] None Filed [x ]

The 1998 SE Gateway Area Land Use Plan identified this property for low-density residential use. Alternatives for this site also would allow for the existing dwelling to be converted to a small-scale, low-intensity use other than residential.

To implement such a land use vision for the area requires either (1) rezoning of individual lots, such as requested in this case, subject to conditions or (2) the adoption by The Town of a comprehensive zoning district. For the former suitable conditions would need to be attached to satisfy the Town concerning safeguarding existing neighborhoods. A new zoning district would look at the wider area and set out the general standards of development concerning the facilities layout design and appearance. Since no standards have been developed to ensure that there is not adverse impact to neighborhoods abutting properties fronting along Walnut Street nor have sufficient conditions been offered by the applicant to reflect the Town's design goals and land use vision for the corridor, staff does not believe that the proposed rezoning is consistent with the adopted Land Use Plan for this corridor. For example, the applicant has not offered conditions that define "residential character," identify setback or buffers, shared parking, cross access, or lighting standards that help ensure consistency with the Land Use Plan.

The Town is currently engaged in working with the local community along Walnut Street to draw up zoning regulations and design standards which would make up a new zoning district. A draft district should be available this May for Council’s consideration. Staff recommends that the Planning Board forward this rezoning request to the Council with a recommendation to table until such time as the proposed overlay district for the Walnut Street Corridor is considered and/or adopted by the Council. After the guidelines for the district are known, the Council can send this item back to the Planning Board for consideration.

Mr. Broderick made a motion to forward to Council for tabling at their May 9, 2002 meeting until the Walnut Street Overlay District Guidelines are known, which was seconded by Mr. Zaccardo, and the Board voted (9-0).

Council voted to approve tabling this rezoning indefinitely until the Walnut Street Overlay District Guidelines are developed