Jerry Turner & Associates

905 Jones Franklin Road

Raleigh, NC 27606

Phone: 851-7150

Fax: 851-7547

Amy E. Huggins Pike

519 High House Road

Cary, NC 27513

Phyllis Gayle Dickerson

529 High House Road

Cary, NC 27513

Thomas E. & Sandra C. Stammely

525 High House Road

Cary, NC 27513

Robert A. & Dianne M. Nelson

515 High House Road

Huggins Glen is a 22.57 acre planned community There are a total of 65 single-family lots as proposed. Residential housing types may include single-family detached, cluster homes, patio homes, and zero lot line homes.

• Front, 18 feet with parking in front, 8 feet without parking. If rear loaded alley parking, 12 feet.
• Rear, 15 feet.
• Side, 6 feet aggregate with no minimum.
• Corner side, 8 feet.
• When building setbacks are less than 5 feet from a sideyard line, a maintenance easement of up to 5 feet shall be provided on the adjacent property, to facilitate building maintenance. Garages and accessory buildings within rear yards have no setbacks. Up to 5-foot maintenance easement from adjacent owners will be provided where setback is less than 3 feet.

• All building setbacks may be reduced a maximum of 10% by Town of Cary staff.

• All building setbacks shall be as specified in this PUD document and shall not be subject to any or all code changes.

Minimum lot size, 5,000 square feet.

• There is a 30-foot streetscape buffer adjacent to High House Road.
• There is a 50-foot 60 foot undisturbed buffer along the eastern property boundary (adjacent to Hampstead), with an additional 10-foot undisturbed landscape easement along a portion of the eastern boundary. Within the 60-foot undisturbed buffer there will be a 25 foot greenway easement. The 25 foot easement will be located adjacent to the lots in Huggins Glen. (See master plan)
• There is a 30-foot undisturbed buffer along a portion of the southern property boundary (adjacent to Trapper’s Run).
• There is a 50-foot open space easement along a portion of the western property boundary (adjacent to Holloway), with an additional 20-foot 25 foot undisturbed landscape easement within a portion of the property boundary. The easement will be planted with additional evergreen plantings to a Type-B standard.
• There is a 50-foot undisturbed buffer along the remainder of the western property boundary (adjacent to Holloway).

• All types of buffers and streetscapes shall be as specified in this PUD document and shall not be subject to any or all code changes.

• The exact configuration and dimension of open space areas shall be determined at time of subdivision or site plan approval.

• Twelve months from the issuance of a grading permit or the 35^th building permit, whichever comes first, the building of the greenway will commence.
• Greenways, greenway easements and utilities are permitted within undisturbed buffers.

Additional Land Use Notes:

• Huggins Glen PUD will be developed in a single phase. Completion should take place during the fall/winter of 2004.

• There will be a maximum of 65 lots.

• Acreage may vary due to variations in parcel configuration. Therefore, densities may vary from numbers shown on the Master Land Use Plan. In no case, however, shall the number of units’ increase above the number approved for the PUD.
• The proposed street layout may vary due to topography and building configurations. However, the general layout will remain the same.
• The developer reserves the option to implement alternate street designs from Town of Cary standards that may include, but not be limited to: one-way circulation, reduced right-of-way and street widths, and alleyways. Alternates must be reviewed and approved by Town of Cary staff.
• Sidewalks will be provided as per the PUD Concept Master Plan. Sidewalks will be provided on one side of all streets.
• There will be a payment-in-lieu for a portion of the parkland dedication at time of recordation of plat to meet the parkland dedication requirement of a PUD.
• To comply with the Town’s APF Ordinance for schools, upon issuance of a building permit for each residential dwelling unit within Huggins Glen PUD, Huggins Glen PUD or its designee will pay the Town $2000 per dwelling unit. With the approval of the PUD, Huggins Glen will meet the Town’s APF Ordinance. This compliance will apply to all phases of development within Huggins Glen until completion of the development.

• No attached housing will be permitted.
• There will be no rear facing/loaded garages and alleyways allowed along perimeter of the property.
• There will be one access point off of High House Road. The exact location will be determined at the time of site plan approval.
• The concept plan will be incorporated as part of this case.

Staff Remarks: The project will be required to address the nitrogen removal requirements of the Town of Cary. According to the information available to me there are riparian buffers shown on this property.

1. Encroachment only on the North side of the Lake providing that the greenway were only 10 foot wide.
2. An additional ten-foot of riparian buffer is added to the 100 foot riparian buffer area where the greenway encroachment takes place on the North side of the lake.
3. The greenway utilizes low impact constructions such as porous pavement.
4. The greenway encroachment is boarded with a vegetative material or fence that would ensure no further impact other than the greenway itself.

This area encroachment could be supported because of the additional riparian buffer easement that would be preserved to the North that could be considered land banking to offset the proposed impervious impacts of the greenway. The porous pavement would allow some infiltration from the impervious surface of the greenway and could be viewed as a Best Management Practice. This encroachment would render the riparian buffer ineffective as a nitrogen reduction tool and the developer would need to agree to this reduction. The benefit of this leg of greenway would be to connect the cul-de-sacs to the greenway system.

This area of proposed encroachment would be viewed as not allowed due to the fact there is a connection that could be easily made along the proposed roadway. This connection could be accomplished with a sidewalk/pedestrian trial and would prevent encroachment in the riparian buffer. Staff is still working together to arrive at an acceptable solution and will have an answer at the Planning and Zoning Board meeting.

The project meets all other requirements of the Stormwater section of the Engineering Department.

8

14.1%

Across High House Road

B2CU, Business 2 Conditional Use

R30, Residential 30

Across High House Road

Maynard Crossing Shopping Center

Single family homes

Trapper’s Haven Subdivision

Hampstead Park Subdivision

Holloway Subdivision

LAND USE PLAN AMENDMENT HISTORY: None.

• "A significant portion of the total site is dedicated to permanent open space.
• "Most of the reserved open space is left in its undisturbed, natural state.
• "The site design preserves, as far as practicable, large and healthy specimen trees."

The proposal is for 65 single-family lots clustered on 22.57 ac (equating to 2.88 du/ac), with a minimum lot size of 5,000 sq. ft. In the applicant's response to staff comments (dated Feb 5, 2003), they have committed to protecting a total of "9.66 acres of open space (or approximately 43.6% of the site)", including the pond, stream buffers, perimeter buffers and other open space.

• The applicant has agreed to construct a paved greenway trail around the pond. Around the northern edge of the pond will be located a 10' wide asphalt trail. (This represents the primary greenway that will eventually be extended to Bond Park.) Along the southern side, the applicant will construct an 8' wide trail. These trails will be constructed to the Town of Cary standards.

• The applicant will dedicate a 25' easement along the eastern side of the development. The Town of Cary will be responsible for constructing the greenway within this easement.

• The Town of Cary has agreed to accept the dedication of these greenway easements and construction of the greenway as credit for their payment-in-lieu for the applicant's 1.86 ac. required park dedication.

• The developer has agreed to keep the greenway trail outside of the inner 50 feet unless otherwise approved by the Department of Water Quality.

• 12 months from the issuance of a grading permit or the 35th building permit, whichever comes first, the building of the greenway will commence.

At the public hearing a number of concerns were raised concerning this development. Among those concerns: lot size, damage to existing environment, additional traffic, decreased property values. The applicant met with staff on several occasions in order to address outstanding issues.

The following is a list of changes that have been made since the public hearing. Please refer to the entire list of conditions listed above in this document.

• Greenways, greenway easements and utilities are permitted within undisturbed buffers.

• Sidewalks will be provided on one side of all streets.

• No attached housing will be permitted.
• There will be no rear facing/loaded garages and alleyways allowed along perimeter of the property.
• There will be one access point off of High House Road. The exact location will be determined at the time of site plan approval.

• There is a 60-foot undisturbed buffer along a portion of the eastern property boundary. Within the 60 foot undisturbed buffer there will be a 25 foot greenway easement. The 25-foot easement will be located adjacent to the lots in Huggins Glen. (See master plan).

• The developer will construct the Town of Cary greenway around the lake. This includes a connector segment to the south. The greenway will be built within a 20-foot easement. The main greenway width will be 10 feet and the secondary greenway width will be 8 feet. (See master plan). The developer will provide pavement markings delineating the greenway crossing at the street. The greenway will be built to Town of Cary standards. The construction of the greenway and dedication of an easement in lieu of any payment requirements by the developer for Huggins Glen.
• The developer has agreed to keep the greenway trail outside of the inner 50 feet unless otherwise approved by the Department of Water Quality.

• Twelve months from the issuance of a grading permit or the 35^th building permit, whichever comes first, the building of the greenway will commence.

There was a valid protest on this case, which has been removed.

Valid [ ] Invalid [ ] None Filed [ ] No longer valid (removed) [x]

Huggins Glen is a 22.57 acre planned community. There are a total of 65 single-family lots as proposed for a maximum density of 2.88 dwelling units per acre. Residential housing types may include single-family detached, cluster homes, patio homes, and zero lot line homes. The minimum lot size is 5,000 square feet. The site is surrounded by existing residential development – Hampstead Subdivision to the east, Holloway Subdivision to the west, and Trappers Run to the south.

The Land Use Plan designates this area for low-density residential (LDR) which calls for 1 to 3 dwelling units per acre with a minimum average lot size of approximately 12,000 square feet. The Plan however allows minimum lot size to be reduced if a cluster design is used. The rezoning request is consistent with the provisions of the LDR criteria and the criteria for a cluster subdivision, therefore conforming to the Land Use Plan.

The proposed master plan incorporates a cluster design to maximize open space. The proposed Huggins Glen has 9.66 acres of open space, including stream buffers, perimeter buffers and the pond. This constitutes 43.6 percent of the entire site. The required open space dedication is 1.13 acres.

Pedestrian access has been addressed with adding of greenways and/or greenway easements and sidewalks on one side of all streets. However the staff is still working to resolve the greenway issue around the pond.

This northern area encroachment could be supported because of the additional riparian buffer easement that would be preserved to the North that could be considered land banking to offset the proposed impervious impacts of the greenway. The porous pavement would allow some infiltration from the impervious surface of the greenway and could be viewed as a Best management Practice. This encroachment would render the riparian buffer ineffective as a nitrogen reduction tool and the developer would need to agree to this reduction. The benefit of this leg of greenway would be to connect the cul-de-sacs to the greenway system.

The southern area of proposed encroachment would be viewed as not allowed due to the fact there is a connection that could be easily made along the proposed roadway. This connection could be accomplished with a sidewalk/pedestrian trial and would prevent encroachment in the riparian buffer. Staff is still working together to arrive at an acceptable solution and will have an answer at the Planning and Zoning Board meeting.

A list of the pros and cons for this case are listed below for your review.

• The perimeter buffers have been added. Perimeter buffers would not be required by code, however they have been added by the applicant.

• Greenway easements and/or trails are provided.

• No longer a valid protest on this case.

None noted.

Council voted to approve with greenway on north and south sides.