Staff Remarks:

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Current Enrollment

20

Open Space Element / Natural Resources - This project site is an important parcel for protection in the adopted Open Space and Historic Resources Plan due to the significant resources on site, including mature hardwood and mixed hardwood and conifer stands, steep north facing slopes, wetlands and floodplains. Site investigation by staff has confirmed the presence of these resources as well as very steep slopes (25 to 76%) and floodplains along eastern project edge, nearest Cole's Branch Stream (USGS stream with 100' buffer). After evaluating the extent of these resources and discussing the importance of protecting them with the applicant, the applicant has revised the Master Land Use Plan to pull out 4.7 acres of the most important resource areas with the steepest slopes (25 - 38%) from the proposed project area and dedicate these lands to the town for permanent protection. These 4.7 acres are in addition to the 100-foot stream buffer required for protection along Cole's Branch. The total amount of open space on the project site has therefore increased from 17.24 acres to approximately 24.62 acres. In addition, to address the few steeper areas remaining on the proposed lots (some about 25% slope); the applicant has added a condition to restrict clear cutting on residential lots throughout the project. The applicant has also devised a novel approach to constructing dry stormwater detention ponds that will reduce the amount of tree clearing and land disturbance that is needed. The applicant and property owner are to be commended for their willingness to protect these valuable resources and for demonstrating strong environmental leadership.

1. Staff's review of the Glenkirk proposal of 158 units, indicated that approximately 4-5 acres of parkland would be owed to the Town. Given the proximity of existing parks to this development, staff decided that a payment-in-lieu (p.i.l.) was preferred. In discussions with applicant, the following was agreed in place of a p.i.l.:

• The applicant has agreed to construct a greenway that would extend from Olde Weatherstone Way through the main buffer that divides the Glenkirk PUD and along the northern buffer to Cole's Branch, a distance of 2500'. An additional 400-500' of trail would be constructed to link 3 cul-de-sacs to the main greenway. The applicant has also agreed to construct several hundred feet of multipurpose trail along Olde Weatherstone Way to link the greenway to the existing sidewalk system along Weatherstone Elementary School. This greenway will provide residents of Glenkirk, as well as Weatherstone and Preston Reserve, access to the Cole's Branch Greenway which is proposed to be located along the north (or east) side Cole's Branch. The Cole's Branch Greenway will link with James Jackson Avenue and Cary Parkway. The proposed greenway through Glenkirk will also link with Weatherstone Elementary School and ultimately to the Black Creek Greenway, Ph IV that is currently planned to cross Maynard in close proximity where it will eventually extend to Bond Park.
  
• The easement area for the greenway totals 1-2 acres
  
• The applicant has agreed to dedicate 14.99 acres of open space along the eastern edge of the development. (See above in the "Open Space Element" of the Comprehensive Plan Analysis section for a more complete description of this open space

2. The Parks, Recreation and Cultural Resources Advisory Board reviewed the Glenkirk PUD during its November meeting and voted unanimously in favor of accepting staff’s recommendation to accept the construction of the greenway and open space acreage to fulfill the requirements of the land dedication ordinance.

1. The developer proposes, upon issuance of a building permit for each residential dwelling unit within the Glenkirk PUD, to satisfy the requirements of Part 16 of Chapter 5 of the UDO pertaining to schools, by paying to the Town or its designee a $2,000 school fee contribution for each single family dwelling unit. The school fee contribution shall be utilized for educational purposes as determined by the Town. Therefore, payment of such school contribution fee by the developer or its designee shall constitute full and continuing compliance by the developer with any Town ordinance that addresses adequate public facilities for schools. Upon collection of the fee, the Town or designee will of matter of public record, show all disbursements. Disbursement record should include receiving organization and the purpose of said disbursement.

2. The Town's Open Space Plan identifies this property as having significant resources. The following conditions address how Glenkirk will preserve open space. The developer proposes, in order to satisfy the requirements of Section 10.5.9 of the Code of Ordinances of the "Unified Development Ordinance" for "Recreational and Open Space", to:

a) Dedicate and convey unto the Town of Cary, as directed by the Town of Cary Department of Parks, Recreation an Cultural Resources (PRCP), in sufficient length and width, public right of way easements to be used by the Town of Cary for "Greenway" purposes.

b) The developer proposes to construct, as directed by and per the specifications of the Town's PRCP, certain "Urban Pathways" and "greenways", within the Glenkirk PUD.

c) Dedicate and convey unto the Town of Cary approximately 10.29 acres of 100' T.O.C. Buffer along the westerly side Coles Branch, and approximately 4.70 acres of open space contiguous to and abutting said 100' T.O.C. Buffer, to be used by the Town for Greenway, Parkland, and Natural Resource

Conservation purposes.

d) Developer agrees not to clear-cut residential lots during development of property.

e) Developer and PRCP to determine location and size of greenway trails during first submittal of Subdivision and Construction drawing approval process.

f) Town of Cary to give Developer blanket easement to install utilities, erosion-control devices, water quality control devices, and allow access for maintenance of same.

g) Town to diligently provide assistance to developer if it is determined that developer may receive tax credits and or deduction for said contribution above.

h) Town to maintain land dedicated by developer and the purpose of said dedication is to keep the land in its natural state for perpetuity.

There are now 24.62 acres of open space in the development plan, up from 17.24 acres. The required open space for the project is 7.91 acres. The number of single-family lots have been reduced from a maximum of 164 to a maximum of 158.

3. To further ensure that open space is preserves the following provisions have been added.

Lots in SF-4 along the cul-de-sacs backing up to dedicated open space shall be a minimum of 9,000 square feet. The cul-de-sacs within SF-4 will have a 40-foot right-of-way.

4. The developer has worked with the Weatherstone Homeowners and Town of Cary staff to design the detention facility in the SW corner of Glenkirk. The following clarifications and conditions have been added to the PUD document.

With the installation of the dry detention basin adjacent to the Weatherstone lots, grading will not occur in the 20-foot undisturbed buffer and the 20-foot undisturbed landscape easement adjacent to the Weatherstone lots. Refer to Exhibits C5-A, C5-B and LP-1 for the design the developer has agreed to for the dry detention basin at the SW corner in the PUD.

5. The developer also modified the description of the buffer in Glenkirk that is adjacent to the lots in Weatherstone. It now reads as follows.

There shall be a 20-foot undisturbed buffer immediately adjacent to all lots in Weatherstone subdivision. No utilities, pathways, streets or water quality devices will be located in the 20-foot undisturbed buffer. The undisturbed buffer will adhere to the Cary Type B Buffer standards. No lotting is allowed in the undisturbed buffer. Adjacent to the 20-foot undisturbed buffer is a 20-foot undisturbed landscape easement. This undisturbed landscape easement shall have the same planting and fencing

requirements of a Cary Type B Buffer and the requirements shall be referenced in the Special Warranty Deed for each lot and also in the Homeowner Association Documents for the Glenkirk community. No utilities, pathways, streets or water quality devices will be located in the 20-foot undisturbed landscape easement. The undisturbed landscape easement shall remain part of the lot. No additional setback or buffer is required adjacent to the undisturbed landscape easement. Tree protection fencing shall be installed and maintained along the undisturbed buffer and landscape easement by the developer and builder prior to and during the development and construction of homes adjacent to the Weatherstone community.

6. Additions to address concerns about traffic in the vicinity of Weatherstone Elementary School are now in the PUD document. A Weatherstone Elementary School Crossing Plan has been added to the PUD document. A note has also been added to the document that reads as follows:

Appropriate measures, approved by the Town of Cary, will be taken in and around Weatherstone Elementary School to maximize safety considerations for residents and students. Refer to Exhibit C-4 by Withers and Ravenel for the measures the developer has agreed to provide with this case. These measures include crosswalks with stamped alternate materials and landscaped median islands, centerline and 4-foot bicycle lane striping provided along Olde Weatherstone Way.

Within Required 100 feet [x ] Not Within Required 100 [ ] None Filed [ ]

At the public hearing a number of concerns were raised by the public. Those concerns centered around pedestrian circulation, greenways, stormwater retention, and traffic and safety. The staff met with the developer on several occasions in order to address these issues. The developer has made numerous changes to the Glenkirk PUD since the public hearing and those changes and additions are listed in the report above.

With the evaluation of the above issues staff has identified a list of pros and cons with respect to this request.

• This request is consistent with the Town’s Land Use Plan.
• The number of dwelling units has been reduced from 164 to 158.
• Open space has been increased from 17.24 acres to 24.62 acres.
• Significant resources are being protected with approximately 4.7 acres of the most important resource areas dedicated to the Town for permanent protection. These 4.7 acres are in addition to the required 100 foot stream buffer dedication.
• Clear cutting will be restricted on the lots as they develop.
• Dry stormwater detention ponds will reduce the amount of tree clearing and land disturbance that is needed to develop this parcel.
• A 2,500-foot greenway would extend from Olde Weatherstone Way along the northern buffer to Cole’s Branch.
• A multi-purpose trail along Olde Weatherstone Way will link the greenway to the existing sidewalk system along Weatherstone Elementary School.

• Crosswalks, landscaped medians, and striping are provided along Olde Weatherstone Way.
• The proposal will meet the Town’s APF ordinance for schools by providing $2,000 per dwelling unit.

• Valid protest on this case.