Jerry Turner & Associates

905 Jones Franklin Road

Raleigh, NC 27606

Phone: 851-7150

James Lewis Powell

3724 Ten Ten Road

Apex, NC 27502

Existing traffic conditions:

Northbound backups on Kildaire Farm Road from Penny Road traffic signal (0.5 miles) to Autumngate Drive. 7:45-8:00am, 8:45-9:00am.

Congestion should be eliminated by Town of Cary widening project for Kildaire Farm Road.

No PM peak congestion on Kildaire Farm Road.

Left turning vehicles on Autumngate Drive @ Kildaire Farm Road have difficulty. Glenridge & Powell Property have better access to Ten Ten Road for this movement.

No AM or PM peak hour congestion exist on Ten Ten Road at the Plumtree Way or Powell Property.

As part of site development, Ten Ten Road widening will be required. The Town’s Comprehensive Transportation Plan designates Ten Ten Road to have an ultimate 78’ back-to-back cross-section (2 lanes in each direction with a center-landscaped median).

Continuation of Felspar Way (currently a dead-end street within Glenridge Subdivision) will be required as part of subdivision development.

The Town’s connectivity index ratio of 1.2 or greater must be met.

33 Single Family DU’s

69 Single Family DU’s

The project is located in the Swift Creek Watershed and will be required to meet the reservoir watershed protection requirements of the Town of Cary. The project will be required to meet the nitrogen removal requirements of the Town of Cary. According to the available information, there are riparian buffers associated with this property.

There were many environmental concerns that were raised at the public hearing relative to this project. Most, if not all, of those concerns are addressed in the requirements that the Town of Cary has under its current Unified Development Ordinance.

Flood plains, wetland concerns and riparian buffers and limits of impervious surfaces, are all issues that have been raised and are all issues that the Town of Cary requires to be protected. All Federal, State and Town of Cary environmental issues will be addressed before this property develops.

The Town of Cary does not monitor pesticides or fertilizer use on active farms. The applicant has indicated that the proposed use will actually reduce the chance of well contamination by eliminating active farm use with the proposed subdivision.

To protect the downstream ponds, the applicant has proposed runoff protection for the 5 and 10 year storm. The applicant will be required to attenuate the 1-year storm event by current Town of Cary stormwater requirements. The applicant has also proposed to protect the existing ponds from excessive sedimentation during construction with the use of innovative erosion control devices.

36.1%

LAND USE PLAN AMENDMENT HISTORY: None.

The Cary Land Use Plan recommends that the subject parcel be developed as "Low Density Residential" – a land use classification that calls for densities of between 1-3 dwellings per acre, with an average minimum lot size of at least 12,000 square feet (unless cluster subdivision design is used).

The project proposes a maximum of 56 single family lots over 33.7 acres, giving an overall density of 1.66 dwelling units per acre – well within the range of 1-3 dwellings per acre recommended for Low Density Residential by the Cary Land Use Plan. The proposed lot sizes are a minimum of 13,000 sq. ft. adjacent to Glenridge Subdivision, and 18,000 sq. ft. adjacent to Dutchman Downs Subdivision – both above the average minimum lot size of 12,000 sq. ft. recommended by the Land Use Plan.

The Powell tract has been identified as a ‘high interest’ open space parcel because of the presence of bottomland hardwood forests along Dutchman’s Branch at the northern end of the property and the desire to make a greenway connection across this entire property from Ten Ten Road to Dutchman’s Branch. However, the parcel is mostly cleared (having been used for farming purposes) and devoid of tree cover, except near Dutchman’s Branch at the northern end of the property.

Staff has recommended the dedication of a greenway through the proposed development as well as along Dutchman's Branch, to the north of the site. The applicant has agreed to this dedication and has also agreed to construct the greenway. PRCR staff accepts these conditions. The location of this parcel represents an important link for the Town's proposed greenway system, providing a connection between the proposed Rocky Branch and Dutchman's Branch Greenways. The developer will receive credit for the cost of the construction of the greenway and the value of the greenway easement toward the payment-in-lieu for the Powell Tract. The Town of Cary will determine the value of the greenway easement. The greenway will be constructed to Town of Cary standards. PRCR staff will have to approve the design and location of the greenway prior to construction.

The public hearing on this case was conducted on January 9, 2003. General concerns expressed by speakers at the hearing included:

• Density of the development and the transition to existing, adjacent developments
• Buffers, and whether they should be included as part of lots
• Potential water quality impacts and other environmental considerations
• Traffic considerations
• School overcrowding
• Marketability of future lots
• Lack of justification of the rezoning request

Since the public hearing, the applicant has made the following changes to the Powell rezoning request as evidenced by several changes to the rezoning conditions:

1. Further limited the total number of lots to 56. At the time of the hearing, the maximum was 69 lots.
2. Established the minimum lot size adjacent to Dutchman Downs subdivision to the east at 18,000 square feet with a mutually exclusive 20-foot, Type B buffer along the eastern property line. At the time of the public hearing, lot sizes were proposed to be 15,000 square feet with the buffer included as part of the rear portion of the lots.
3. Established the minimum lot size adjacent to Glenridge subdivision to the west at 13,000 square feet with a 20-foot, Type B buffer along the western property line. At the time of the public hearing, lot sizes were not specified but a 20-foot buffer was proposed to be included as part of the rear portion of such lots.
4. Clarified the requirements for the greenway easement running the entire length of this property from SR 1010 on the south to Dutchman’s Branch on the north.
5. Added a condition (#14) that precludes lot clearing on individual lots until the time of building permit issuance.
6. Provided a concept plan that illustrates developable areas, potential roadway alignments, the greenway, open space, and buffer areas.

Valid [] Invalid [X, not subject to protest per State law] None Filed [ ]

This rezoning request fully complies with the adopted Land Use in terms of density and type of residential development. The plan calls for low-density residential (LDR) development at 1 to 3 dwelling units per acre, with single-family lots at 12,000 square feet or above. With a limit of 56 dwellings, the overall gross density for this property will be no more than 1.66 units/acre. For comparison, the overall gross density of Glenridge subdivision to the west is 2.58 units/acre (243 lots on 94.13 acres).

Connections from this new subdivision to Glenridge subdivision via Felspar Way (currently a stub street within Glenridge to this site’s western property boundary) and a future linkage to the property to the southwest of the Powell tract will be made. These road connections will distribute traffic and meet Town of Cary development requirements for future connectivity.

Open space will be provided at the northern end of the parcel in conjunction with the protected 100’ stream buffer along the south side of Dutchman’s Branch creek. Perimeter buffers will also be maintained as outlined in the zoning conditions.

Conformity with the Schools Adequate Public Facilities Ordinance will be required at the time of subdivision plan review. Based on the current situation, all schools that serve this development site currently have available capacity.

All utility issues have been adequately addressed.

The Engineering Department is satisfied that this proposal meets stormwater and water quality requirements.

The dedication of an easement and construction of a greenway through the entire length of this property has been agreed to by the applicant. This will form a key north/south link in the greenway system in the southern portion of Cary.

• Conforms to the Land Use Plan in terms of land use type and density

• Limits the number of lots and provides lot sizes and buffers adjacent to adjoining properties to both the west (Glenridge) and east (Dutchman’s Downs) to minimize impacts on existing, developed areas.
• Provides for an important trail linkage between two greenways.

• None