STAFF REPORT

Planning and Development Committee, July 27, 2006

deVintage Subdivision Riparian Buffer (EN07-009)
Consideration of DWQ re-evaluation of riparian buffer in the deVintage subdivision

Speaker:  Tom Horstman

 

From:  Tim Bailey, P.E., Engineering Director
Prepared by:  Thomas L. Horstman, Erosion Control Supervisor
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

REVIEW: The deVintage subdivision (04-SB-019), located at the intersection of Kildaire Farm Road and Ten-Ten Road, is requesting that one of the requirements imposed as conditions of a previously-approved modification from Zone 3 of the Town of Cary riparian buffer (Chapter 7.3.7 of the Land Development Ordinance) be removed.  The deVintage subdivision is located in the Neuse River watershed where the Town of Cary regulates only Zone 3 of the riparian buffer.  Town Council approved a modification to allow impervious surface in Zone 3 of the riparian buffer on March 24, 2005, conditioned upon a requirement for land banking.  

Since that approval, the applicant requested a re-evaluation of the stream by the Division of Water Quality (DWQ). That re-evaluation determined that the stream shown on the approved plan is not subject to the Neuse River riparian buffer rules.  As part of the modification approval, the applicant was required to set aside land to be banked to offset the impervious surface that was added to the then-shown riparian buffer.  With the elimination of the stream and buffer by DWQ, Zone 3 of the Town of Cary stream buffer does not exist, and the impervious surface shown on the plan will not require land banking.

RECOMMENDATION:  Recognition that land banking is no longer required as a result of change by the Division of Water Quality in classification of riparian buffer.