PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

June 27, 2002

PLANNING & ZONING BOARD:

August 19, 2002

TOWN COUNCIL:

September 12, 2002

PARCEL INFORMATION

Parcel #

Realid #

Area

077313045807

0214748

2.00 acres

REZONING DATA

CURRENT

PROPOSED

Zoning:

Business-2 Conditional Use (B2-CU)

Amend zoning conditions of Conditional Use Zoning Permit Z-685-93-1 to allow an alternative development that would consist of a 30,000 square foot mixed-use office building.

Overlay District:

Swift Creek Watershed

Swift Creek Watershed

Land Use:

Vacant Land

Mixed-Use Office Building

REZONING CONDITIONS

CURRENT

PROPOSED

use facility with a maximum total of 165,000 square feet of building area. A portion of the site (8.73 acres) is designated for retail/commercial use (all uses specified in the B-2 district) with a maximum building area of 65,000 square feet (excluding mezzanine areas, mezzanine not to be used for retail sales) and a portion of the site (5.43 acres) is designated for office use (all uses specified in the O&I district) with a maximum building area (multi-storied) of 100,000 square feet.

use facility with a maximum total of 165,000 square feet of building area. A portion of the site (8.73 acres) is designated for retail/commercial use (all uses specified in the B-2 district) with a maximum building area of 65,000 square feet (excluding mezzanine areas, mezzanine not to be used for retail sales) and a portion of the site (5.43 acres) is designated for office use (all uses specified in the O&I district) with a maximum building area (multi-storied) of 100,000 square feet.

2. No buildings with retail/commercial uses will be located closer than 275 feet to the Pirates Cove property line.

2. No buildings with retail/commercial uses will be located closer than 275 feet to the Pirates Cove property line.

3. No single tenant in the retail/commercial area will exceed 50,000 square feet.

3. No single tenant in the retail/commercial area will exceed 50,000 square feet.

4. No building in the retail/commercial area will exceed 29 feet in height.

4. No building in the retail/commercial area will exceed 29 feet in height.

5. All proposed buildings in the office area shall be limited to three stories of heated space (for a total of 45 feet high.) The overall height of the structure may exceed 45 feet in height if the lower floors are used for parking and any parking is completely below grade for at least one facade of the buildings.

5. All proposed buildings in the office area shall be limited to three stories of heated space (for a total of 45 feet high.) The overall height of the structure may exceed 45 feet in height if the lower floors are used for parking and any parking is completely below grade for at least one facade of the buildings.

6. The buildings in the retail/commercial area will be architecturally compatible with each other.

6. The buildings in the retail/commercial area will be architecturally compatible with each other.

7. Access to the development will be limited to two curb cuts on Walnut Street and one curb cut on Maynard Road. One of the curb cuts on Walnut Street will be opposite the entrance to Cary Town Center Mall, and will tie into the signalization system at that intersection. This access will be full service ingress and egress. The other access on Walnut Street will be right in / right out only. The Maynard Road access will be full service ingress and egress.

7. Access to the development will be limited to two curb cuts on Walnut Street and one curb cut on Maynard Road. One of the curb cuts on Walnut Street will be opposite the entrance to Cary Town Center Mall, and will tie into the signalization system at that intersection. This access will be full service ingress and egress. The other access on Walnut Street will be right in / right out only. The Maynard Road access will be full service ingress and egress.

8. The developer will escrow $25,000.00 upon the issuance of a building permit for a future traffic signal at the Maynard Road access or the Seabrook Avenue intersection at Maynard Road. This $25,000.00 will be made available to NC DOT or to the Town of Cary for a period of 5 years from the date of issuance of a building permit.

8. The developer will escrow $25,000.00 upon the issuance of a building permit for a future traffic signal at the Maynard Road access or the Seabrook Avenue intersection at Maynard Road. This $25,000.00 will be made available to NC DOT or to the Town of Cary for a period of 5 years from the date of issuance of a building permit.

9. There will be a 60-foot buffer along the Pirates Cove common property line. Forty feet of this buffer will be undisturbed existing vegetation, 20 feet will be graded and re-landscaped. A 6 foot tall wooden fence intended to restrict visibility a minimum of 75 to 85% will be installed on the north side of the 40 foot undisturbed buffer. A hedge of Leyland Cypress or appropriate substitute will be installed the length of this buffer. Plants will be planted a minimum of 6 feet on center and will be a minimum 6 feet tall at the time of planting.

9. There will be a 60-foot buffer along the Pirates Cove common property line. Forty feet of this buffer will be undisturbed existing vegetation, 20 feet will be graded and re-landscaped. A 6 foot tall wooden fence intended to restrict visibility a minimum of 75 to 85% will be installed on the north side of the 40 foot undisturbed buffer. A hedge of Leyland Cypress or appropriate substitute will be installed the length of this buffer. Plants will be planted a minimum of 6 feet on center and will be a minimum 6 feet tall at the time of planting.

10. There will be a 65-foot buffer along the eastern property line. Utilities, both existing and proposed, as well as the required retention basin may infringe on this buffer in the southeast section of the property. A hedge of Leyland Cypress or an appropriate substitute will be installed the length of this buffer along the edge of the service drive. Plants will be planted a minimum of 6 feet on center and will be a minimum 6 feet tall at the time of planting.

10. There will be a 65-foot buffer along the eastern property line. Utilities, both existing and proposed, as well as the required retention basin may infringe on this buffer in the southeast section of the property. A hedge of Leyland Cypress or an appropriate substitute will be installed the length of this buffer along the edge of the service drive. Plants will be planted a minimum of 6 feet on center and will be a minimum 6 feet tall at the time of planting.

11. The development will meet all storm water and surface drainage requirements as required by the Town of Cary. In addition, any surface water that currently flows through the site from the Cary High School and Maynard Road area (approximately 7 acres) will be directed into a detention basin.

11. The development will meet all storm water and surface drainage requirements as required by the Town of Cary. In addition, any surface water that currently flows through the site from the Cary High School and Maynard Road area (approximately 7 acres) will be directed into a detention basin.

Amusement establishments; Automobile repair facilities; Vehicle sales and rental; Commercial outdoor recreation; Outdoor amphitheaters; Private clubs; Cemeteries; Nursing homes; Restaurants with drive through service

Amusement establishments; Automobile repair facilities; Vehicle sales and rental; Commercial outdoor recreation; Outdoor amphitheaters; Private clubs; Cemeteries; Nursing homes; Restaurants with drive through service

14. This property may be developed as stated in condition 1 above. However, as an alternative to condition 1 above, the property may be developed as a mixed-use office building. The building may consist of (i) all uses permitted in the O&I district (not to include retail stores, personal service establishments, and restaurants except as such uses are otherwise expressly permitted in (ii) and (iii) hereof), which O&I uses shall consist of at least fifty percent (50%) of the square floor gross area of the building; (ii) restaurant uses, which shall not exceed three thousand (3,000) square feet floor area gross; and (iii) and personal service establishment uses and trade school uses, which uses shall be limited to a hair styling academy consisting of a hair salon/personal service establishment component and a hair styling training/trade school component and shall not exceed twelve thousand (12,000) square feet floor area gross. The restaurant use and the hair styling academy use may each have a building entrance separate from that of the O&I district uses. No more than one (1) building shall be constructed upon the property. Such building shall not exceed thirty thousand (30,000) square feet floor area gross. The height of such building shall be limited to two stories and thirty-five (35) feet from finished grade (excepting roof parapet walls and rooftop screening devices, which may exceed thirty-five (35) feet from finished grade).

***Note: Item(s) with a strikethrough are deleted condition(s). Item(s) in bold are new condition(s).

REZONING HISTORY

Residential-12 to Business-2 CU, 8/26/93, Approved.

SITE DATA

WATER/SEWER SERVICE

The site has access to existing public water and sewer lines located on the site.

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ X ]

The parcel does not front Walnut Street or SE Maynard Road, therefore, no thoroughfare improvements would be required as part of site development.

ENVIRONMENTAL CONSIDERATIONS

The property is located in the Swift Creek Watershed and will be required to address the Reservoir Watershed Protection Ordinance of the Town of Cary and the existing wet pond that will serve this purpose The project will also be required to address the Nitrogen Removal Ordinance of the Town of Cary. The wet pond can be used to help offset nitrogen production.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

North:

Business-2 CU

Commercial (Shopping Center)
Walnut Street

South:

Residential Multi-Family-12

Pirates Cove Subdivision

East:

Business-2 CU

Vacant Land

West:

Business-2 CU

Commercial
SE Maynard Road

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Office and Institutional

Commercial

Alternate Designation:

None

No Change

Activity Center:

Regional Activity Center

No Change

OPEN SPACE CONSIDERATIONS

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

No comments

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm