TOWN OF CARY. PARCEL INFORMATION Parcel # Realid # Area

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1 TOWN OF CARY CONDITIONAL USE ZONING PERMIT 00-REZ-37 / 00-LPA-20 APPLICANT(S) Salem Castles, Inc. C/o Thomas Booth 8312 Fayetteville Rd., Suite E Raleigh, NC OWNER(S) Carroll and Shelia Ogle 215 S. Academy Street Cary, NC LOCATION: South side of E Chatham Street, just east of Madsen Motor Company and west of the proposed Capital Area Soccer League soccer park. PARCEL INFORMATION Parcel # Realid # Area (portion) (portion) 2.55 acres acres acres acres Total 7.77 acres PRESENT ZONING: APPROVED ZONING: RMF 12 CU B-2 CU LAND USE PLAN DESIGNATION: Commercial DATE OF TOWN COUNCIL APPROVAL: June 14, 2001 FINAL CONDITIONS: 1. Use of this property shall be limited to restaurants, retail, amusement establishments and a hotel. 2. A uniform sign plan governing the entire rezoned property shall be submitted concurrent with the first site plan for the property. A master concept plan shall also be submitted for the entire property with the first site plan submitted. The master plan shall include a circulation plan, which interconnects the entire rezoned property, approximate building locations, access points, buffers, and architectural features such as building materials and colors.

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3 TOWN OF CARY REQUEST FOR REZONING / LAND USE PLAN AMENDMENT TOWN COUNCIL IMPACT STATEMENT ( ) 00-REZ-37/00-LPA-20 PETITIONER CONTACT PERSON PROPERTY OWNER Salem Castles, Inc. c/o Thomas M. Booth 8312 Fayetteville Road, Suite E Raleigh, NC (919) (919) (Fax) salemcastle@aol.com Thomas M. Booth 8312 Fayetteville Road, Suite E Raleigh, NC (919) (919) (fax) salemcastle@aol.com Carroll and Sheila Ogle 215 S. Academy Street Cary, NC (919) (919) (FAX) LOCATION: MAPS: South side of E Chatham Street, just east of Madsen Motor Company and west of the proposed Capital Area Soccer League (CASL) soccer park. Vicinity Map - Small Vicinity Map - Large In Town Limits [ X ] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ ]

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5 PROPOSED SCHEDULE OF MEETINGS TOWN COUNCIL PUBLIC HEARING: April 12, 2001 PLANNING & ZONING BOARD: May 21, 2001 TOWN COUNCIL: June 14, 2001 PARCEL INFORMATION Parcel # Realid # Area (portion) (portion) 2.55 acres acres acres acres Total 7.77 acres REZONING DATA CURRENT PROPOSED Zoning: Residential Multi-Family-12 Business-2 Conditional Use Conditional Use Overlay District: None None Land Use: Vacant Restaurants, retail, hotel and amusement establishments CURRENT RMF 12 CU: 1. All permitted uses identified in this district shall be allowed except for the following: Churches, Schools, Cemetery, Golf Course, Library, Museum, Public Safety Stations, Transportation facility, and utility substation. REZONING HISTORY Case: Z From: B-2 and R-30 Zoning To: O&I CU Zoning Denied by Town Council on: July 27, 1989 REZONING CONDITIONS PROPOSED B-2CU Note: Conditions indicated in bold were added since the public hearing. 1. Use of the property shall be limited to restaurants, retail, amusement establishments and a hotel. 2. A uniform sign plan governing the entire rezoned property shall be submitted concurrent with the first site plan for the property. A master concept plan shall also be submitted for the entire property with the first site plan submitted. The master plan shall include a circulation plan, which interconnects the entire rezoned property, approximate building locations, access points, buffers, and architectural features such as building materials and colors. Case: 97-REZ-09 From: B-2 and R-30 Zoning REZONING HISTORY To: RMF-12CU Zoning

6 Withdrawn on February 13, 1996 REZONING HISTORY Case: 97-REZ-33 From: B-2 and R-30 Zoning To: RMF-12 CU Approved by Town Council: November 13, 1997 SITE DATA WATER/SEWER SERVICE Based on Town of Cary MapInfo: Water is currently available to serve all of the properties via a 12 waterline within E. Chatham Street right-of-way. A public sanitary sewer main extension would be required to serve property (910 E Chatham Street). The other three properties currently have access to a public 8 sanitary sewer main. TRANSPORTATION Traffic Impact Analysis Required: Yes [ x ] No [ ] Traffic Study Results: The results of the traffic impact analysis are presented in the Traffic Impact and Access Study prepared by Wilbur Smith Associates March The project proposal is to construct a unique type of entertainment complex to be known as Medieval Castle, which will provide a 71-room hotel, three restaurants (one quality, and two high turn-over with a total seating capacity of 677 seats), 22,000 sq.ft. of specialty retail, and a small administrative office building. Access to/from the site will be provided via E. Chatham Street, just west of Trinity Road. The study area included the following four intersections: E. Chatham Street at NE Maynard Road E. Chatham Street at Trinity Road NC 54 at NE Maynard Road NC 54 at Trinity Road Weekday PM (4:00-6:00pm) peak period traffic volume data was used in this analysis. The buildout of the site is expected in NC 54 at its intersection with Maynard Road is expected to be improved to a four-lane divided crosssection by The traffic signal operation will also be improved. Review of the intersection analysis indicates that the proposed project has a minor impact at study area intersections. Project traffic does not result in the degradation of service levels at any of the study area intersections. Based on this, no off-site roadway improvements are necessary to meet the Town s APF Ordinance. See Table 6 below. Thoroughfare Plan: Thoroughfare improvements will be required with the development of this property. Along the property frontage, E. Chatham Street is designated on the Town s Thoroughfare Plan to have an ultimate cross section consisting of a 65 back to back roadway (5 lanes) centered within a 90 right of way. The applicant will be required to ensure that one half of a 65 back to back street section, including curb and gutter, sidewalk, and right of way dedication, will be provided in conjunction with site development. The draft Cary Comprehensive Transportation Plan recommends the E. Chatham Street cross section to be a 4-lane road with paved median. Table 6

7 LEVEL-OF-SERVICE SUMMARY Signalized Time Existing 2002 No-Build 2002 Build Intersections Perio d Delay 1 V/C 2 LOS 3 V/C LOS Dela y V/C LOS Dela y E. Chatham Street at N. E. Maynard Road NC 54 at N. E. Maynard Road NC 54 at Trinity Road PM C D PM D D PM B B D D B Unsignalized Intersection E. Chatham Street at Trinity Road PM B C C 1. Delay in Seconds per Vehicle 2. Volume-to-Capacity Ratio 3. Level-of-Service. GENERAL NOTES: 1. For signalized intersections, Delay is representative of overall intersection. 2. For unsignalized intersections, Delay is representative of critical movement/approach. ENVIRONMENTAL CONSIDERATIONS According to the information available to the Town, this project has riparian buffers and these buffers will have to be addressed during development. The project is not in a protected watershed but will have to meet the new Nitrogen Removal Ordinance of the Town of Cary which could include Best Management Practices. ADJACENT ZONING AND LAND USES Zoning: Land Use: North: Industrial-2 Public Service Gas South: Resource Conservation Vacant East: Office & Institutional Proposed soccer park West: Business-2 & Residential-30 Madsen Motor Company and a single family dwelling

8 TOWN OF CARY FUTURE LAND USE PLAN DATA CURRENT PROPOSED Plan Designation: High Density Residential Commercial Alternate Designation: None No Change Activity Center: None No Change None. LAND USE PLAN AMENDMENT HISTORY STAFF ANALYSIS AND RECOMMENDATION CHANGES SINCE PUBLIC HEARING: *Yes [ X ] No [ ] * See changes in bold in the above table labeled Rezoning Conditions. PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [ x ] REZONING REQUEST Analysis: The rezoning request is to change the existing zoning of RMF-12CU to the proposed zoning of B-2CU. This request also includes consideration of amending the Land Use Plan from its current designation of high density multi-family to commercial. The following is an evaluation of pros and cons of this request: Pros The proposed commercial development is a more appropriate use in this location than multifamily development. According to the Town s Land Use Plan, multi-family development is best suited within Activity Centers (which this location is not). The surrounding properties are either zoned or developed as industrial and commercial uses. For example, there is a large gas tank on the north side of E Chatham Street, along with several flex-space buildings and a considerable portion of land zoned for light and heavy industrial uses. The property to the west contains a car dealership and a furniture store. The property to the east is zoned office & institutional and will be the home of a large soccer park. Thus, staff feels the proposed zoning will be more compatible with other properties in the area than would residential. Prior to the property being rezoned to RMF-12CU, the property was zoned B-2. At that time, staff recommended that the request for RMF-12CU be denied due to the site being far removed from existing services. This request would return the property to its original designation of B-2 but with the added benefit of having zoning conditions. There is adequate road capacity to handle the anticipated traffic increases. Cons Will permit commercial development outside of Activity Centers, which is discouraged by the Land Use Plan. In conclusion, staff is supportive of the Land Use Plan amendment and zoning change. This area is undergoing significant changes with the extension of Trinity Road over the railroad tracks and the construction of the soccer park. There may also be a fitness center and aquatics facility built

9 in the vicinity of the soccer park. Continuing from NE Maynard Road to I-40, all the property along E Chatham Street is zoned for commercial, office and industrial uses, and staff feels that the proposed zoning would be more appropriate than the existing residential zoning. Recommendation: Staff recommends approval of the Land Use Plan amendment and the rezoning request. PLANNING & ZONING BOARD RECOMMENDATION At the May 21, 2001 meeting, the Planning and Zoning Board reviewed the requests to amend the Land Use Plan and rezone this property. The Board unanimously recommended approval of 00-REZ-37 to change the zoning to B-2CU and 00-LPA-20 to change the Land Use Plan designation to commercial.