PETITIONER(S): Jerry Turner & Associates, 905 Jones Franklin Road, Raleigh, NC 27606

OWNER(S): James Lewis Powell, 3724 Ten Ten Road, Apex, NC 27502

LOCATION: East of the intersection of Kildaire Farm Road and SR 1010

PARCEL IDENTIFICATION: 0761318924

REALID: 0056939

AREA: 33.7 Acres

APPROVED ZONING: Residential 12 Conditional Use (R12 CU)

DATE OF APPROVAL: April 10, 2003

1. There will be a maximum of 56 lots.
2. There will be one access from SR 1010.
3. There will be a street connection to Felspar Way.
4. There will be a street connection to the property along the southwestern property line, south of Glenridge Subdivision. The property is identified by Wake County PIN #076103303789, Real Property Tax ID number 0021544. The specific location will be determined at the time of subdivision approval.
5. If the Town of Cary requirements for speed humps are met for the Glenridge Subdivision, the developer of the Powell Tract will pay for and construct the speed humps on Felspar Way. Speed humps to include all forms of traffic calming measures (comparable financially).
6. The lots adjacent to Dutchman Downs Subdivision will be a minimum of 18,000 square feet. The minimum rear-yard setback for lots adjacent to Dutchman Downs will be 30 feet.
7. There will be a 20-foot undisturbed buffer adjacent to the lots in Dutchman Downs. Where existing vegetation is not sufficient, the buffer will be planted to meet the standards of a Type A buffer.
8. The lots adjacent to the Glenridge Subdivision will be a minimum of 13,000 square feet.
9. There will be a 20-foot undisturbed buffer adjacent to the lots in Glenridge. Where existing vegetation is not sufficient, the buffer will be planted to meet the standards of a Type A buffer.
10. A 25-foot wide greenway easement will be provided from SR 1010 north to the Town of Cary greenway along the creek that forms the northern property line of the Powell Tract. Refer to the Concept Plan for the general location of the greenway. The specific location will be determined at the time of subdivision approval. The 25-foot greenway easement can be located across the proposed lots in the Powell Tract. The east-west greenway connection along Dutchman Branch will be located within the sewer easement. The developer will construct the greenway. The developer will receive credit for the cost of the construction of the greenway trail and the value of the greenway easement toward the payment-in-lieu fee for the Powell Tract.
11. Any fence along the Glenridge side of the Powell Tract will not exceed 4 ½ feet.
12. Tree protection fencing will be installed within 20 feet of any trees or vegetation on the lots of the adjacent subdivision in order to avoid damage, except for potential berming, stormwater devices and utilities.
13. A temporary construction access road will be constructed generally within the middle of the Powell Tract. There will be no temporary access ways along the property lines of the Powell Tract adjacent to either subdivision.
14. There will be no lot clearing of the existing tree cover except for the required installation of utilities, stormwater retention facilities and greenways until the issuance of a building permit.
15. Runoff protection for the 5 and 10-year storms will be attenuated in order to protect the downstream ponds.
16. A connection to the greenway from Glenridge will be provided.
17. Copies of all subdivision construction plans will be provided to the Dutchman Downs Homeowners as a courtesy.

Bold indicates changes since application submission.

18. The concept plan will be incorporated as part of this case.
19. A connection to the greenway from Glenridge will be provided.