TOWN OF CARY CONDITIONAL USE ZONING PERMIT. 412 Rutherglen Cary, NC Rutherglen Cary, NC

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1 TOWN OF CARY CONDITIONAL USE ZONING PERMIT PETITION: PETITIONER(S): OWNER(S): LOCATION: 01-REZ N. Dixon Avenue, Cary, NC PARCEL IDENTIFICATION: REALID: AREA: APPROVED ZONING: OVERLAY DISTRICT:.45 Acres Planned Employment Center (PEC) CU Downtown: Core Neighborhoods DATE OF APPROVAL: November 8, 2001 CONDITIONAL USES: Prohibited uses otherwise allowed by this district: trade schools; colleges; hospitals; radio, television transmission towers and broadcasting studios; outdoor amphitheater, govt. and commercial.; communication, radio, TV and other telecomm. towers; golf courses; commercial outdoor recreation; dormitories; motor vehicle raceway; sexually oriented business Exterior walls facing residentially zoned property shall be brick. Maximum building size shall be 8,200 square feet.

2 TOWN OF CARY REQUEST FOR REZONING / LAND USE PLAN AMENDMENT TOWN COUNCIL IMPACT STATEMENT ( ) 01-REZ-16/01-LPA-12 PETITIONER PROPERTY OWNER LOCATION: MAPS: 204 N. Dixon Avenue Vicinity Map - Small Vicinity Map - Large Zoning Map Aerial Map Land Use Plan Map Stream Buffers In Town Limits [X] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ ]

3 PROPOSED SCHEDULE OF MEETINGS TOWN COUNCIL PUBLIC HEARING: October 11, 2001 PLANNING & ZONING BOARD: October 15, 2001 TOWN COUNCIL: November 8, 2001 PARCEL INFORMATION Parcel # Realid # Area REZONING DATA CURRENT PROPOSED Zoning: Downtown Residential (DR) Planned Employment Center (PEC) CU Overlay District: Downtown: Core Neighborhoods Downtown: Core Neighborhoods Land Use: Residential Commercial CURRENT REZONING CONDITIONS PROPOSED None 1. Prohibited uses otherwise allowed by this district: trade schools; colleges; hospitals; radio, television transmission towers and broadcasting studios; outdoor amphitheater, govt. and commercial.; communication, radio, TV and other telecomm. towers; golf courses; commercial outdoor recreation; dormitories; motor vehicle raceway; sexually oriented business 2. Exterior walls facing residentially zoned property shall be brick. 3. Maximum building size shall be 8,200 square feet. Staff Remarks: Based on Town of Cary MapInfo: Water service is connected to the property. Sanitary sewer service is connected to the property. SITE DATA WATER/SEWER SERVICE TRANSPORTATION Traffic Impact Analysis Required: Yes [ ] No [ X ] A building of 8,200 sq.ft. or 0.45 acres in PEC zoning will not generate 100 trips during the peak hour or 1000 trips per day. Therefore, no traffic impact study required. Thoroughfare plan improvements will not be required as part of a site plan submittal for this parcel. N.

4 Dixon Street has been constructed to a collector street standard (35 back-to-back) which meets Town Standards. ENVIRONMENTAL CONSIDERATIONS This project meets all of the environmental considerations of the Town of Cary. ADJACENT ZONING AND LAND USES Zoning: North: Downtown Residential (DR) Residential South: Industrial 1 Commercial Business 2 Commercial East: Downtown Residential (DR) Residential West: N. Dixon Avenue Downtown Residential (DR) Residential Land Use: TOWN OF CARY FUTURE LAND USE PLAN DATA CURRENT PROPOSED Plan Designation: High Intensity Mixed Use Office/Industrial (commercial, office, institutional and or residential) Alternate Designation: None None Activity Center: None None LAND USE PLAN Prior to the adoption of the Town Center Area Plan August 9 th, 2001, the Land Use Plan showed the future land use as Medium Density Residential (3 to 8 units per acre). LAND USE PLAN AMENDMENT ANALYSIS Future Land Use: The property is located in the TCAP which identifies the block containing the property as High Intensity Mixed Use (HMXD), encouraging commercial, office, institutional and residential uses at a higher density. Uses can be mixed generally with an emphasis on mixing vertically within a building where feasible. The objective of mixing is to add commercial uses that give vibrancy to the downtown to create a shopping and entertainment destination for the town as well as serve local needs. Uses which require large amounts of first floor storage space (such as big box retailers and warehouse stores) are discouraged and should be located outside of the HMXD area. (See pages 2-1, 2-2). Future Adjacent Uses: The land on the south side of the railroad tracks is identified for mixed uses at a less intense density. The land opposite the street to the west is identified for mixed density residential uses from duplexes to apartments not less than 15 units per acre. The block to the north allows the redevelopment of this land for residential uses from medium density up to and including high-density mid-rise products. (The higher densities, which include

5 multi-family condo/apartments 18/50 units per acre, are permissible if 2.5 contiguous acres are assembled. In the interests of amenity and in order to protect the character and appearance of the downtown, mid-rise buildings in this location will normally not exceed 4 or 5 stories.) The proposed use is unrestricted warehouse and distribution. This would fall under the office/industrial land use category of the plan. TCAP Design objectives: Buildings should generally be at least 2 stories, front the street and be brought up close to the street. To make HMXD areas feasible areas should be served by parking structures. Any surface parking should be located behind buildings. The applicants proposed conditions restrict the building to a maximum of 8200 square feet with exterior walls facing residentially zoned property will be faced in brick. No other details including form, height, buffers, setbacks or location of parking are given. Analysis: Notwithstanding the future land uses encouraged by the TCAP, the existing character of the area north of the CSX railroad is predominantly residential. Excepting the applicant s current premises, the property is adjoined by residential uses. The long-range plan objectives are to provide a pedestrian friendly, mixed-use environment with opportunities to live work and recreate in the town center. Development in this location should therefore support, promote and provide retail, entertainment, work, commercial and living opportunities where there is good access to alternative transport opportunities. It should be compatible with residential uses. The proposal as submitted is for a straight warehousing use, no mixing is proposed and there is no commercial, retail or residential uses on different levels. The character, appearance and operation of a warehousing and distribution use are not considered compatible with residential uses. It is considered that the consolidation of this isolated warehouse and distribution use would lead to the perpetuation of a non-conforming use contrary the plan objectives. Warehouse use is allowable under the office and industrial land use designation of the plan. Three existing large areas of office and industrial uses, including current vacant land are located on the south side of Chapel Hill Road, between Field Street and SE Maynard, at the eastern end of E. Johnson and on the north side of E. Chatham Street, between E. Durham Road and Reedy Creek Road. OPEN SPACE CONSIDERATIONS The property does not have any areas designated within the Open Space plan for future open space consideration. REZONING REQUEST Analysis: This case is scheduled for public hearing on October 11, Staff would like to review any comments from the public hearing prior to making final recommendation. This impact statement is being forwarded in order that the Planning and Zoning Board can review the data staff has completed up to this point. Staff will make an oral recommendation for this case at the October 15th meeting of the Planning and Zoning Board.

6 PLANNING & ZONING BOARD 10/15/01 RECOMMENDATION Board voted (10-0) to forward to Council for approval at their November 8, 2001 meeting. TOWN COUNCIL RECOMMENDATION To be determined at the November 8, 2001 Town Council meeting. Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is