Withers & Ravenel

Location:

The site is located southwest of Middle Creek Park Avenue, southwest of the intersection of Jamison Park Drive and Middle Creek Park Avenue, and approximately 1,350 feet west of the intersection of West Lake Road and Middle Creek Park Avenue.

• That the elimination of 0.17 acre of riparian buffer area be allowed based on proposed mitigation that includes use of a wet pond and land banking of 0.35 acre.
• That the request to waive curb and gutter installation along Middle Creek Park Avenue be approved.

The site is south and west of existing single-family development, and east and north of Town of Cary park land. The plans propose 40 townhome units on 6.37 acres. The proposed density would be 6.30 units per acre, and the maximum density allowed would be 7.85 units per acre. The plans also propose encroachment into zone three of the riparian buffer area along the southern side of the site.

0679.01-09-2366

0272673

0.78 ac.

Overlay District: N/A

Land Use Compliance: The Land use Plan calls for high density development at 8 units per acre or more.

88%

The Landscape Plan complies with all landscape requirements.

Building Height: Varies from approximately 19’ to 26’ (One-story and two-story units are proposed in the plan.)

Building Size: Varies from 1,408 sq. ft. to 1,527 sq. ft.

Exterior Building Materials and colors: Options for primary exterior wall finishes include off-yellow siding, red-brown brick, and southern ledgestone chardonary, and white trim.

Residential Community of 40 DU’s during the AM peak hour would generate 37 trips and the PM peak hour would generate 50 trips. The ADT volume is 479 trips per day.

No Traffic Impact Study is required.

Per Town Ordinance, when a property is developed, the owner of the property is required to improve the adjacent roadway by adding curb and gutter and sidewalk.

The developer of The Townes at Jamison Park is requesting a waiver of the standard curb and gutter and sidewalk installation requirements because the existing streets within Jamison Park Subdivision have been constructed with no curb and gutter or sidewalks. The subdivision has been developed as a county subdivision and roadways are NCDOT maintained, including the portion of Middle Creek Park Avenue adjacent to this site. It is the intent of the owner to preserve and maintain the rural character and beauty of the subdivision by integrating the design of the townhome project within the existing county subdivision.

The owner has agreed to provide a sidewalk connection from the townhome project to the adjacent Town Park sidewalk. This involves approximately 350 feet along Middle Creek Park Avenue with approximately 150 feet being off-site along the Town’s property.

Staff recommends waiving sidewalk and curb and gutter installation requirements along the project frontage.

This development has access to Cary water and sewer and complies with Town utility policies and standards.

The plans address Cary's nitrogen requirements by utilizing a wet pond and by utilizing buy down options available in the Neuse River Watershed. The plans propose to encroach into 0.17 acres of riparian buffer area.

An encroachment into the zone three area of riparian buffers is proposed, which is a modification from the 100 ft. riparian buffer requirement of the Town's Stormwater Management Plan for New Development (Chapter 7, Part 3.7 of the Land Development Ordinance). The Town’s Land Development Ordinance recognizes that there may be instances where riparian buffer requirements could create undue hardship on new development. An encroachment or modification to riparian buffers is based on documentation of practical difficulties or unnecessary hardships and effects on water quality caused by development within the buffers. This modification is, in part, on the following criteria:

(1) The project’s basic purpose cannot practically be accomplished in a better manner to minimize disturbance and protect water quality. Cary rezoned the property on April 27, 1999, to provide a minimum of 40 units. The property could not support 40 townhome units without encroaching into riparian buffers as proposed.

(2) The use cannot practically be reduced in size or density or cannot be redesigned to minimize disturbance and protect water quality. The plan proposes an impact of 8% to the on site riparian buffer with impervious surfaces. The site could not support 40 townhomes without encroaching into riparian buffers. Multiple site plans layouts were considered in an effort to meet the minimum 40 unit rezoning requirement.

(3) BMP's will be used where necessary to minimize disturbance and protect water quality. The applicant has added a wet pond to offset impacts to the riparian buffer, which would offer water quality protection above and beyond that normally required.

(4) To the maximum extent practical impact to zone one must be minimized. There are no proposed impacts to zone 1.

(5) Compensatory mitigation must be done on a 1:1 ratio and on a square foot basis for any impacts to Zone 1. This mitigation may consist of planting an un-buffered area or additional planting of a partially buffered area located on-site or nearby. The plans propose land banking at a 1.82:1 ratio (0.31 acres) to offset the impact of encroaching into the zone three area (0.17 acres) of riparian buffer.

(6) Before any impacts to the riparian buffer shall occur, the applicant must receive written approval from the Town Manager acknowledging that these conditions have been met. The applicant is attempting to receive permission at this time.

Adjoining property owners were notified during staff's initial review of this plan. Staff has received no inquiries regarding this proposed townhome development.