TOWN
OF CARY
CONDITIONAL USE ZONING PERMIT
PETITION:
Rezoning
Petition 03-REZ-15 (Pulte High House)
PETITIONER(S):
Elam
Todd d'Ambrosi
LOCATION:
North
Side of High House Road (east of Weatherstone subdivision and west of Maynard
Crossing Shopping Center)
PARCEL
ID: 0754502423
and 0754415314
REALID:
0105099
and 0015354
AREA:
54.76
acres
APPROVED
ZONING: Residential-8
Conditional Use
DATE
OF APPROVAL: February
12, 2004
REZONING
CONDITIONS:
1.
Development should be
limited to a maximum of ninety-one (91) residential dwelling units.
2.
Uses shall be limited to
single-family detached dwellings, recreation (indoor and outdoor), open space
and greenways
3.
Minimum lot size for
residential dwelling units shall be 8500 square feet. The average lot size for
residential lots shall be 11,500 square feet.
4.
Front and rear setbacks
shall be a minimum of 20 feet with an aggregate front and rear of 40 feet. The
minimum lot depth shall be 120 feet and the minimum lot width shall be 65 feet.
5.
A recreation facility
(with pool and cabanna) shall be provided prior to the issuance of the
Certificate of Occupancy for the 69th single-family dwelling unit.
This facility shall be located in the general area indicated on Exhibit A.
6.
At least one
traffic-calming device (to meet Town of Cary’s guidelines) shall be provided
within the proposed development. The device will generally follow similar
devices being provided within the Weatherstone subdivision.
7.
A minimum of twenty-five
(25%) percent open space (public or private) shall be provided throughout the
development. The majority of this open space shall be concentrated along the
streams and periphery of the site.
8.
A twenty (20') foot wide
undisturbed buffer shall be provided along the adjacent
Weatherstone Subdivision (see Exhibits A, B and C).
9.
A five (5') foot wide
supplemental planted buffer shall be provided in addition to the 20' buffer
above (see Exhibits A, B and C).
10.
Development shall be
consistent with the submitted Zoning Exhibits A, B and C.
Changes to this sketch plan shall only be allowed as indicated therein.
11.
The
public street stub connection to Spring Bud Drive shall be constructed in
conjunction with the phased development of lots 1-12 and 91 (illustrated on
Exhibit A). If the construction of
this street stub connection occurs prior to the 75th Certificate of Occupancy,
the connection shall be barricaded in a manner that allows emergency vehicle
access, but expressly prohibits both construction traffic and traffic by
residents. Upon construction of the
road and issuance of the 75th Certificate of Occupancy, this barricade shall be
lifted for full public vehicular access.
12.
Additional
landscaping within Weatherstones adjacent open space shall be provided by the
developer. This area is further
defined on Exhibit B.
13.
Grading
for this development shall not reverse the existing drainage patterns off-site.
Off-site drainage patterns will be generally directed to flow through the
identified streams within the interior of the site.
Exclusive of road crossings and required utility connections, the outer
zone of all stream buffers indicated on the plan shall remain undisturbed
(except for the removal of noxious or diseased materials).
14.
The
site shall not be completely denuded or graded.
The initial grading and clearing shall be limited to the roads
(rights-of-way and easements), front yards, side yards and building envelopes.
Selective clearing and grading in rear lot setback areas and open space
will occur as lots are developed and on a selective basis.
15.
Exclusive
of required stormdrains, required public utilities and removal of
noxious or diseased materials, the open space (containing an area of
steep slopes greater than 15%) to the rear of lots 44-52 (as indicated on
Exhibit A) shall remain undisturbed.
16.
Pending
full reimbursement (including all fees, permits, design and construction costs
minus a contribution by the developer in the amount of $15,000), the developer
shall design and construct a public street that connects the proposed Street
Stub G (see Exhibit A) to the existing Maynard Crossing Court.
The Town shall be responsible for obtaining the necessary right-of-way or
easements necessary to make this vehicular connection across the adjacent vacant
lot. The Town will also assist the
developer with the necessary access to the property to conduct survey work for
the road extension. The
Town shall obtain right of way within 1 year of the developer providing approved
design documents needed to obtain right of way. Developer shall provide approved
right of way documents prior to the 20th
C.O. Once the right-of-way
area is obtained, the developer shall construct this street within six
(6) months of all the required Town permits and approvals and any other
municipal approvals necessary for the construction of the vehicular connection.
The developer shall be relieved of any obligation to make this vehicular
connection if either:
1)
A re-zoning, site plan or subdivision plan is filed on the adjacent
vacant site; or
2)
The Town fails to acquire the necessary right-of-way