20130238 Ver 1_Minor Variance_20130308

20
30 23 8
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
March 8, 2013
S &EC Project # 11952.W1
To: N.C. Division of Water Quality
Wetlands, Buffers, Stormwater, Compliance & Permitting Unit
Attn: Karen Higgins
Archdale Building — e Floor
512 N. Salisbury Street
Raleigh, NC 27604
Cc: Martin Richmond and /or Chem Smith — DWQ Raleigh Regional Office
From: Soil & Environmental Consultants, P.A. — Bob Zarzecki
11010 Raven Ridge Road, Raleigh, NC 27614
Re: MILLS PROPERTY TOWNHOMES — MINOR VARIANCE REQUEST
On behalf of the owners, Ms. Anne B. Mills & her daughter Ms. Carole M. Patterson, and the prospective
buyer /developer, JPM South Development, please find attached a complete application and supplemental
information requesting a Minor Variance approval from the N.C. Division of Water Quality (NCDWQ).
Note: Per our pre - application meeting with DWQ staff, we are only requesting the Minor Variance approval at
this time, and request it to be conditioned such that: (1) a 401 Certification and 404 Permit are obtained, (2)
that a buffer authorization certificate is obtained for the allowable /allowable with mitigation uses, and (3) that
all buffer mitigation is provided, all prior to Impacts. Buffer mitigation will be requested and paid to NCEEP
(unless a private bank becomes available) once all final approvals are obtained. We have not requested the
NC EEP acceptance letter at this time, because we would like to wait until all approvals are obtained and all
mitigation is confirmed.
Please contact me at (919) 846 -5900 if you have any questions or require additional information.
PROJECT SUMMARY
Project Name
MILLS PROPERTY TOWNHOMES
Project Type
Residential Subdivision
Owner / Applicant
Anne B. Mills & Carole M. Patterson
County
Wake
Nearest Town
Cary
Waterbody Name
UT to Crabtree Creek
Basin / Sub -basin
Neuse
Index Number
27-33-(l)
Class
C; NSW
USGS Cataloging Unit
03020201
IMPACT SUMMARY
Total Riparian Buffer Impacts (square feet): 12,400
Attachments:
Minor Variance Application Form
DWQ Buffer Determination Letter (12 -096)
JPM South Development Memo dated 2/28/2013
Proposed Concept 1A/1B
Alternate Concept 2A/2B
Cross Section Detail
" Financial Analysis (NOT FOR PUBLIC RECORDQ-

A67A
O EEM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
Variance Request Form
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Check the appropriate box below:
❑ Major Variance
X Minor Variance
Please identify which Riparian Area Protection Rule applies (Note -this must be one of
North Carolina's four buffered river basins. The River Bain map is available at
hqp: //h2o .enr.state.nc.us /admin/maps /.)
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
U Tar - Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC
02B.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Anne B. Mills (Mother) & Carole M. Patterson (Daughter)
2. Print owner /Signing official (person legally responsible for the property and its compliance)
Name: Anne B. Mills (Mother) Carole M. Patterson (Daughter)
Title: Owner (PIN 0734969960 & 0744160843) Owner (PIN 073964924)
Street address: 2428 Carpenter Upchurch Rd 2436 Carpenter Upchurch Rd
City, State, Zip: Cary, NC 27519 Cary, NC 27519
Telephone: [phone] (919) 468 -4323
Fax: n/a n/a
Version 6: July 2009

Contact person who can answer questions about the proposed project:
Name: Soil & Environmental Consultants, PA — Attn: Bob Zarzecki
Telephone: [phone]
Fax: [phone]
Email: bzarzecki @sandec.com
4. Project name (Subdivision, facility, or establishment name - consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
MILLS PROPERTY TOWNHOMES (working name, subject to change)
Project location:
Street address: 2428 Carpenter Upchurch Road
City, State, Zip: Cary, NC 27519
County: Wake
Latitude/longitude: 35.8021 / - 078.8661
6. Date property was purchased: Wake Co. GIS Tax Records = March 12, 1986 (A. Mills) & August 30,
1989 (C. Patterson); Ms. Mills and her late husband has owned the property since January 3, 1975.
7. Directions to site from nearest major intersection (Attach an 8 '/2 x 11 copy of the USGS topographic
map indicating the location of the site).
From Raleigh, NC; take Wade Avenue west to I -40 West to NC -540 West to NC -55 South; Left on
Morrisville Parkway, right on Carpenter Upchurch Rd; driveway into site 0.8 miles south on left.
8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Crabtree Creek; 27- 33 -(1); C, NSW
9. Which of the following permits /approvals will be required or have been received already for this
project?
Required: Received: Date received: Permit Type:
X CAMA Major
X CAMA Minor
X 401 Certification/404 Permit
X On -site Wastewater Permit
X NPDES Permit (including stormwater)
X Non - discharge Permit
X Water Supply Watershed Variance
X Erosion/Sedimentation Control
Others (specify) CARY STORMWATER
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or
site plan in Adobe (pdf) format) to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimension of any disturbance in the riparian buffers
Variance Request Form, page 2
Version 6 July 2009

associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer
impact in fe.:
See attached memorandum dated February 28, 2013 from the project developer, JPM South
Development (JPM). The activity would result in the development of the property as a residential
townhome community. The cumulative impacts to the Neuse Buffers requested as part of the
variance (townhomes), exemption (Zone 2 grading & re- vegationtion), and buffer authorization
(roads & stonnwater BMPs) is 73,100 sf (1.68 ac). The buffer impacts requiring a variance are
detailed in the table below. The proposed buffer impacts which do not require a variance will be
requested within the PCN application for the stream and wetland impacts and "allowable" and
"allowable with mitigation" impacts, pending the approval of this minor variance.
2. Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian
buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is
not required):
*Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation;
Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or
reconfigured to better minimize or eliminate disturbance to the riparian buffers:
See attached memorandum dated February 28, 2013 and Mills Property Financial Analysis from the
project developer, JPM. JPM understands that DWO needs to review the financial hardships
associated with the project, but requests the financial analvsis to remain confidential and not part of
the public record. Without the variance only 67 townhomes could be built on the property,
compared to 104 townhomes with the variance. JPM has determined that the project is not
financially feasible without a variance to construct townhomes within Zone 2 of the buffer. Without
the variance only 67 townhomes could be built on the property, compared to 104 townhomes with the
variance.
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting
vegetation or enhancement of existing vegetation, etc.):
See Part 3: Stormwater section of this variance application below. This section was completed by the
project engineer, Hugh J. Gilleece & Associates. The minimum stortnwater management
requirements for this project as required by the Town of Cary, would only require wet ponds.
However, the project engineer has proposed the use of sandfilters to reduce TN further. Other BMPs
such as constructed wetlands or bioretention would have required additional area and buffer impacts.
Variance Request Form, page 3
Version 6 July 2009
Buffer Impact
Zone of
Impact in
Number
Purpose for
Multiplier
Required
Impact
Square Feet
(Indicate on
the Impact
Mitigation
Plan Sheet
Zone 1
0
n/a
n/a
3
0
Zone
12,400
104 Units
Townhomes
1.5
18,600
Total
12,400
18,600
*Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation;
Zone 2 extends an additional 20 feet from the edge of Zone 1.
3. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or
reconfigured to better minimize or eliminate disturbance to the riparian buffers:
See attached memorandum dated February 28, 2013 and Mills Property Financial Analysis from the
project developer, JPM. JPM understands that DWO needs to review the financial hardships
associated with the project, but requests the financial analvsis to remain confidential and not part of
the public record. Without the variance only 67 townhomes could be built on the property,
compared to 104 townhomes with the variance. JPM has determined that the project is not
financially feasible without a variance to construct townhomes within Zone 2 of the buffer. Without
the variance only 67 townhomes could be built on the property, compared to 104 townhomes with the
variance.
4. Description of any best management practices to be used to control impacts associated with the
proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- planting
vegetation or enhancement of existing vegetation, etc.):
See Part 3: Stormwater section of this variance application below. This section was completed by the
project engineer, Hugh J. Gilleece & Associates. The minimum stortnwater management
requirements for this project as required by the Town of Cary, would only require wet ponds.
However, the project engineer has proposed the use of sandfilters to reduce TN further. Other BMPs
such as constructed wetlands or bioretention would have required additional area and buffer impacts.
Variance Request Form, page 3
Version 6 July 2009

5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this Rule.
See attached memorandum dated February 28, 2013 and Mills Property Financial Analysis from the
project developer, JPM. Strict application of the rule would limit the number of townhomes that
could be built and make the project not financially feasible.
(2) How these difficulties or hardships result from conditions that are unique to the property involved.
See attached memorandum dated February 28, 2013 and Mills Property Financial Analysis from
the project developer, JPM. The property is very long (2,500 ft long) and narrow (300 ft wide).
There is roughly 1,800 feet of streams on the property and 4.83 acres of Neuse Buffers,
encompassing approximately 29 %. The amount of streams and buffers and narrow configuration
of the property are unique and problematic for reasonable development of the property consistent
with the Town of Cary land use plan.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
See attached memorandum dated February 28, 2013 and Mills Property Financial Analysis from
the project developer, JPM. JPM understands that DWO needs to review the financial hardships
associated with the project, but requests the financial analysis to remain confidential and not part
of the public record.
Part 3: Stormwater
1. Provide a description of all best management practices (BMPs) that will be used to control nutrients
and sedimentation impacts associated with the proposed activity. Please ensure to include all
applicable operation & maintenance agreements and worksheets for the proposed BMPs. Also,
include the BMPs on your plan sheets.
Sandfilters will be used as primary treatment of the 1" storm runoff for the three BMPs. Two of the
BMP's will outlet into a dry detention pond to reduce the storm runoff to pre existing conditions.
2. Attach a description of how diffuse flow will be maintained through the protected riparian buffers.
Please ensure to include all applicable operation & maintenance agreements and worksheets for the
proposed diffuse flow measure(s). Also, include the diffuse flow measure(s) on your plan sheets.
All of the stormwater from the project will be collected through a storn drainage system. The storm
pipe will outlet into a sand filter (3 sand filters total) prior to the storm water entering the buffer.
The I" storm water runoff will percolate through the sand filter and have zero surface discharge. For
the larger storm events, two of the BMP's will have an overflow structure from the sand filter enter a
dry detention basin. The outfall from the dry detention basin will be via a 18" diameter pipe. A
riprap scour basin will be installed to diffuse the flow prior to the water entering the stream.
3. What will be the annual nitrogen load contributed by this site after development in pounds per acre
per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed
plan for all proposed structural stormwater BMPs.
Variance Request Form, page 4
Version 6 July 2009

Drainage
Size of
Post - development
BMP nitrogen
Final
Final
basin
drainage
nitrogen 6 loading
removal
nitrogen6
nitrogen6
basin
rate without BMPs�
efficiencys
loading rate
loading
(ac)
(lbs/ac/yr)
(%)
(lbs/ac/yr)
from
drainage
basin bs
1
4.75
15.2
35 +10
8.89
42
2
3.3
14.9
35 +10
8.71
29
3
0.78
15.2
35+0
9.88
8
4
7.87
0.6
0
0.6
5
S
Totals
1 16.7
1 - - - - --
-----
I - - - - --
84
' Attach calculations and references.
s Attach calculations and references.
6 Include Phosphorus in the Tar- Pamlico Basin
4. Attach all applicable supplement form(s) and Inspection and Maintenance (I &M) Form(s) to this
completed application. The applicable supplemental form(s) and I &M form(s) for the proposed
BMPs noted in your application can be downloaded from the following website:
b=: //h2o.enr.state.nc.us /su/bmp forms.htm
See attached.
Variance Request Form, page 5
Version 6 July 2009

Part 4: Proposed Impacts and Mitigation
Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B.0242
for the Neuse Basin and 1 SA NCAC 2B.060 for the Tar - Pamlico Basin.
If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to
include plant type, date of plantings, the date of the one -time fertilization in the protected riparian
buffers and a plan sheet showing the proposed location of the plantings. A guide to buffer restoration
can be downloaded at the following website: htta:// www .neeen.nettnews/reR2rts/buf'em2 f
If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then
include an acceptance letter from the mitigation bank you propose to use stating they have the
mitigation credits available for the mitigation requested.
Part 5: Deed Restrictions
By your signature in Part 6 of this application, you certify that all structural stormwater BWs
required by this'variance shall be located in recorded stormwater easements, that the easements will
run with the land, that the easements cannot be changed or deleted without concurrence from the
State, and that the easements will be recorded prior to the sale of any lot.
Part 6: Applicant's Certification
I, APoE 5 , H f LL $ (print or type name of person listed in
Part I, Item 2), certify that the information included on this permit application form is correct, that the
project will be constructed in conformance with the approved plans and that the deed restrictions in
accordance with Part 5 of this form will be recorded with all required permit conditions.
Signature:
Date:
Title:
Part 7: Plan Sheets
Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe
(pdf) format on a CD or floppy disk.
Variance Request Form, page 3
Version 6 July 2009

NO 8: Checklist
A complete application submittal consists of the following components. Incomplete submittals will be
returned to the applicant. The complete variance request submittal must be received 90 days prior to the
EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary
information has been provided.
Applicant's
Item
Initials
BZ
•
Original and two copies of the Variance Request Form and the attachments
listed below.
BZ
•
A vicinity map of the project (see Part 1, Item 5)
BZ
•
Narrative demonstration of the need for a variance (see Part 2)
BZ
•
A detailed narrative description of stormwater treatment/management (see Part
4)
DS
•
Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin)
DS
loading estimates (see Part 4)
•
Calculations and references supporting nitrogen (phosphorus in the Tar - Pamlico
DS
Basin) removal from proposed BMPs (see Part 4)
DS
•
Location and details for all proposed structural stormwater BMPs (see Part 4)
•
Three copies of the applicable Supplement Form(s) and I &M Form(s) for each
DS
BMP and/or narrative for each innovative BMP (see Part 4)
DS
•
Three copies of plans and specifications, including:
0 Development/Project name
DS
0 Engineer and firm
DS
0 Legend and north arrow
DS
0 Scale (l" = 50' is preferred)
DS
0 Revision number & date
N/A
0 Mean high water line (if applicable)
DS
0 Dimensioned property/project boundary
DS
0 Location map with named streets or NC State Road numbers
DS
0 Original contours, proposed contours, spot elevations, fmished floor
DS
elevations
DS
0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter
DS
0 Footprint of any proposed buildings or other structures
DS
0 Wetlands delineated, or a note on plans that none exist
DS
0 Existing drainage (including off -site ), drainage easements, pipe sizes , runoff
calculations
DS
DS
0 Drainage basins delineated
BZ
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 7
Version 6 July 2009

� A
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CDE�IR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Pardue Charles Waldld PE Dee Fra man
Governor Director Secretary
June 13,2012
Anne Mills
2428 Carpenter Upchurch Road
Cary. NC 27519
NBRRO#12 -096
Wake County
r Determination Type:
Buffer Can
Isolated or EIP Call
® Neuse (15A NCAC 2B.0233)
Starta
❑ Tar - Pamlico (15A NCAC 2B .0259)
® EphemerltUlnterrnittent /Perennial Determination
USGS
To no
❑ Isolated Wetland Determination
❑ Jordan (I SA NCAC 2B .0267)
Project Name: 2428 Carpenter Upchurch Road
Location/Directions: Located South of Green Hope High School and between Carpenter
Upchurch Road and Louis Stephens Road
Subject Stream: UT to Crabtree Creek
Date of Determination: 6/11112
Feature
E/UP*
Not
Subject
Subject
Starta
StopG+?
Soil
I
, Survey
USGS
To no
A
X
Confluence of 2
hemeral streams
Stream C
i X
X
B
I X
Old Pond Dam Outfall
r Stream C
X
' C
X
Throughout property
I NA
X
X
D
X
Throughout
NA
X
X
E
X
Culvert at Louis
Stephens Road
Stream D
X
l
F
E
X
NA
NA
Pond I l
I X
NA
NA
X
Pond 2
X
NA
NA
X
I
•E,7/P = Ephemeral /IntermltlentlPerennial
*1 A 9 �
North Carolina Division of Wster Quality Raleigh ReVoanal Office Surface Witter Protection Phone [phone] Cestun►er Semce
bt%em0. WMICIV21111qually 11 1628 Mail Service Center Raleigh. NC 27699 -1628 FAX [phone] 1477623 -6748
An Equal Oppadanily/Af maft Acbm Employer— 50% ReaycleW O% Poet Consumer Payer

Wake County
Page 2 of 2
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County. North
Carolina or the most recent copy of the USGS Topographic map at a 1:24.000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water duality.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) Is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing do Karen Higgins, DWQ WeBSCaPe Unit,16SO Mail Service
Center, Raleigh, NC 27699.
If you dispute the Director's determination you may file a petition for an administrative hearing. You most file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition Is considered filed when it is received In the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1)
copy of the document Is received by the Office of Administmdve Hearings within five (5) days following the date of
the fax transmission. A copy of the petition most also be served to the Department of Natural Resources, do Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699.1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agenda) of this decision concerning any future correspondences regarding the subject property (stated above} This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)733 -1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919).554 -4884.
Respectfully.
/—,: J (,
Lauren Witherspoon
Environmental Senior Specialist
cc: WeBSCaPe —1650 Mail Service Center
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Date: February 28, 2013
To: NCDENR / DWQ
REAL ESTATE DEVELOPMENT •ASSET MANAGEMENT ■ CONSULTING
MEMORANDUM
Re: Mills Property (approximately 16.7 acs including jnholding)
2428 Carpenter Upchurch Rd, Cary NC
From: JPM South Development
The purpose of this Memo is to document the significant and detrimental impacts of the Neuse River
buffers on the Mills Property.
JPM South is a local real estate development company who is also the contract purchaser of the Mills
Property. The current owner of the Mills Property, Mrs. Anne B. Mills has owned the Property since
1975 and has largely resided on the Property since that time. The smaller 2 acre inholding was deeded
to her daughter (Carole M Patterson) in 1989. Mrs. Mills is the applicant in this request for buffer relief.
The Neuse buffers on the Mills Property have been recently identified in the field by S &EC and have
been walked by NCDENR. A determination letter has been issued by DWQ for these buffers. The
buffers have been surveyed in the field and all locations shown on plans are based on field surveys of
features as flagged and concurred in the NCDENR determination letter.
Overview:
• The property is very linear in shape and is exactly 300' wide by roughly 2,500' long.
• There is roughly 1,800 If of stream that is subject to Neuse buffers. The buffer area covers
roughly 4.83 acs or approximately 29% of the property.
• The location of the buffers which both bi -sect the property as well as run parallel to side property
lines.create very significant design inefficiencies and loss of lot yield.
• The buffer on feature "A" runs parallel to the property line and will make it very difficult to
achieve a double - loaded street coming off of Carpenter Upchurch Rd.
• JPMs intent would be to develop the property in a manner consistent with the Town of Cary land
use map calling for low /med density residential. While Cary's land use plan allows a mix of
townhomes and single family detached homes, it is more likely that a plan comprised wholly of
townhomes with private streets would afford greater flexibility in planning around buffers.
• The site plans as prepared depict typical townhome footprints for the Town of Cary market (23'
wide by 50' deep on average plus patios). The building fronts will beset back 20' minimum from
the back of curb or back of sidewalk in order to keep parked vehicles out of the streets and
pedestrian walkways. Typical buildings will have individual units step forward and back for
aesthetics as depicted.
9380 Falls of Neuse Road ®Suite 203 aRaleigh, North Carolina E 2761
Telephone [phone] ■Facsimile 919.518.9209 awww.jpmsouth.com

Land Plan:
The land plans attached hereto depict 2 townhome layouts... (i) a scenario with no NCDENR buffer
relief (Concepts 2Al2B) and (ii) a scenario in which the variance being requested herein is granted
(Concepts WIB).
• The property has essentially 2 "upland" areas potentially suitable for development. The Western
upland area is adjacent to Green Hope High School and the Eastern upland area is adjacent to the
Town of Cary tennis Center.
• With a single loaded street (Concept 2A) on the upland area adjacent to the school, the yield is
approximately 30 townhomes at 23' wide (avg). if the street is double - loaded (Concept 1A) the
yield is approximately 60 townhome lots.
• The half of the property adjacent to the tennis center will yield approximately 37 units without
buffer relief (Concept 2B) and approximately 44 units with buffer relief (Concept 1B).
• Total lot count ..............with buffer variance: approximately 104 23' wide TH (avg)
without buffer variance: approximately 67 23' wide TH (avg)
Market Valuation / Financial Analysis:
• Residential property in the Town of Cary with a medium density zoning typically sells for $90,000-
$160,000 per acre depending on site characteristics. This is with the expectation that a normal
property yield for townhomes would be 5-6 du /ac in medium density residential (allowable is up
to 8 du /ac). Undeveloped townhome lots are typically worth $18,000- $24,000 per lot. This
figure is impacted by the characteristics of a given site and will be at or below the low end of the
range for inefficient properties and towards the higher end of properties that can be developed
efficiently.
• Market value for finished / developed 22' -24' townhome lots ready for building permit is
approximately $54,000 per lot in Cary.
• A financial analysis depicting the property both with and without the requested buffer variance is
attached.
Summary:
• The proliferation and unique configuration of the Neuse Buffers on the Mills Property coupled
with the narrow linear configuration of the parcel generate very significant design limitations that
severely impact lot yield.
• The design limitations and lower density coupled with the expense of buffer crossings severely
curtail the value of the property making it very difficult to achieve even the lower end of
reasonable market pricing.
• A granting of a minor variance of impacts to zone 2 of the Neuse River Buffers will allow the
property to be developed in a reasonable manner that will yield the property owner a land
valuation that is at least within a typical range of pricing for comparably planned, medium
density, residential properly.
• Developer is prepared to agree to all standard and customary impact mitigations as well as to
include sand filters as part of the SWM program for the property.

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NOTD THIS CONCEPTUAL LAYOUT WAS DEVELOPED USING WANE
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SITE DATE
PARCEL 1 1423 ACRES
PARCEL E 2A0 ACRES
PARCEL 8 0.4G ACRES
MUM 104 URTS / 167 ACRES • 6 UNRS PER ACRE
VAF ANCE DPACTS TO mE 2
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PARCEL P 9.00 ACRES
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SITE DATE
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i -L�
IRON
1) L = THE LENGTH OF THE RIPRAP APRON.
2) THE INVERT OF PIPE IS TO BE 12" BELOW EXISTING
GROUND ELEVATION
SECTION 'A -A' FABRIC
PIPE CROSSING DETAIL

PROPRIETARY INFORMATION - NOT FOR PUBLIC RECORD!
MILLS PROPERTY FINANCIAL ANALYSIS
Pro Forma:
WITHOUT
WITH
Minor Variance Approval
Minor Variance Approval
No. of Townhome Units
67
104
Value of Townhome lots ($54400/Lot)
$3,618,000.00
$5,616,000.00
*Development Costs
$2,683,000 W
$2,993,S00,00
Reasonable Market value of Land
$1,785,000.00
$1,785,000.00
Total Cost
$4 ,468,000.00
$4,768,500.00
Praft
($850,000.00 )
$847,500.00
Return
- 3919Cfi
17.77%
*Development Costs:
WITHOUT
WITH
Minor Variance Approval
Minor Variance Approval
Engineering/Survey/Platting/Solis
$180,000.00
$215,000.00
Development OnSite
$11550,000.00
$1,625,000.00
OffSltes /Fronts a Im rovements/Tralls
$225,000.00
$225,000.00
Monumentation /Landsca a /Amen
$160,000.00
$160,000.00
Cary Fees (e g., Parks/Rec ), NCDOT, DENR
$310,000.00
$445,000.00
Taxes/Legal/Misc. Softs
$357,500.00
$157,500.00
Management
$100,500.00
$156,000.00
otal
$2,683,000.00
$2,983,500.00
L The cummulative assessed tax value of the property is $1,894,187; and at $180,000 would be sold under tax value.
2. Residential property in Cary is currently selling between $90,000 - $160,000 per acre. The figure of $1,785,000 used In the analysis is $105,000 per acre (lower end of typical market pricing range)
3. The project is not financially viable without a return on investment of at least 15% -20%.
4. In order to achive the same 18% return without the variance, the property would have to sell for $20,000 /ac......an 85% discount from market norms.