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HomeMy WebLinkAbout20160297 Ver 1_Application_20160322;� WithersRavenel Our Penple. Vour Succecs 1410 Commonwealth Drive, Suite 101 Wilmington, Nonh Carolina 28403 t 930.256.9Z77 I fr 910.256.2584 TO: NC Division of Water Resources 512 N. Salisbury Street; 9`h Floor Raleieh. NC 27604 Letter oF Transmittal 03/21/16 02150037.10 Ms. Karen Higgins Chapel Hill Rd (NC Hwy 54) Road Improvements Cary, Wake County NWP 29 PCN Submittal the following WE ARE SENDING YOU � Attached ❑ Underseparatecovervia items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change order ❑ Diskette ❑ •• �� • - � • 4 03/21/16 02150037.10 NWP 14 & BufferAuthorization PCN Submittal 1 03/21/16 02150037.10 Check for $240 Application Fee 1 03/21/16 02150037.10 CDofPCN THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Retumed forcorrections ❑ Return ❑ For review and comment ❑ copiesforapproval copies for distribution corrected prints ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: File I( endosures aie na[ as noted, kindly no[ify us at once. '�� Wit�ersRavene� � March 21, 2016 US Army Corps of Engineers NC-Division of Water Resources Regulatory Field Office 401 & Buffer Permitting Unit Ms. Tasha Alexander Ms. Karen Higgins 3331 Heritage Trade Drive 1617 Mail Service Center Suite 105 Raleigh, North Carolina 27699 Wake Forest, NC 27587 Re: Chapel Hill Road (NC Hwy 54) Improvements at Fairbanks Road - NWP 14 PCN Submittal WR Project #02150037.10 Dear Ms. Alexander and Ms. Higgins: On behalf of Meritage Homes, we are requesting authorization from the USACE to use NWP 14 for 90 If of permanent stream impactsforconstruction ofthe proposed project. We are also requesting a 401 WQC from NCDWR for the above referenced impacts, as well as 7,379 sq ft of impacts to Neuse River Riparian Buffers. The proposed project consist of the improvements to ±600 If of Chapel Hill Road (NC Hwy 54) at the intersection of Chapel Hill Road and Fairbanks Rd, in Cary, Wake County (Latitude: 35.040°N; Longitude: - 78.8052°W). The project is located in the Neuse River basin and onsite waters drain to Coles Branch. The Water Quality Classification for Coles Branch is C; NSW and the Stream Index Number is: 27-33-3. The cataloging unit for the site is 03020201. Proposed Project The purposed of the proposed project is for improvements to widen Chapel Hill Road (NC Hwy 54) at the existing curve at Fairbanks Rd to meet the requirements of the American Association of State Highway and Transportation Officials (AASHTO), NCDOT and Town of Cary. Currently, the existing curve in Chapel Hill Road (NC Hwy 54) is too sharp/tight and does not meet the minimum curve radius requirements. Meritage Homes is being required to construct the road improvements to bring Chapel Hill Road (NC Hwy 54) into compliancewith the requirements of AASHTO, NCDOT and Town of Cary. The proposed road improvements are being required by the Town of Cary as part of the site plan approval for the Park West Townes project (AID SAW-2015-01667). However, the proposed road improvements do not include a turning lane or storage lane for the Park West Townes project, and does not serve the Park West Townes project in any way or affect the feasibility or function of the Park West Townes project. Therefore, the impacts from the Chapel Hill Road improvements are not considered cumulative with the Park West Townes project. The proposed improvements to Chapel Hill Road are simply improvements to a public road that are being constructed by Meritage Homes per requirements by the Town of Cary. The proposed road improvements consist of the widening of the west side of Chapel Hill Road (NC Hwy 54) to increase the curve radius to bring Chapel Hill Rd into compliance with AASHTO, NCDOT and Town of Cary road design requirements. Project Historx David Shaeffer with the Corps of Engineers approved the wetland delineation for the Park West Townes project during a site visit on 07/31/15 (SAW-2015-01667 & SAW-2013-1853), as documented in the attached email. The proposed Chapel Hill Road (NC Hwy 54) Improvements project is located within the area covered by the delineation approved by David Shaeffer for the Park West Townes project. The JD for the Park West Townes project (AID SAW-2015-01667) is being issued in conjunction with the NWP 29 requested for that project. 1410 Commonwealth Drive, Suite 101 � Wilmington, NC 28403 t: 910.256.9277 � f: 910.256.2584 � www.withersravenel.com � License No. C-0832 Cary � Greensboro � Pittsboro � Raleigh � Wilmington ParkWestTownes �"" vvitners�avene� �� .� � Qi �r P�o��!r. Yrur Sc��rc; NCDWR issued a Buffer Determination for the Park West Townes project (NBRRO#15-234) on 06/01/15, which includes the Chapel Hill Road Improvements project area. A copy of the buffer determination letter has been provided as an Appendix. Historic or Prehistoric Cultural Resources WR reviewed the NC State Historic Preservation Office's online database, located at: http://�is.ncdcr.�ov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review identified one known historic structure adjacent to the proposed project limits, approximately 100 If west. The occurrence consists of the Richards House (WA0719), located at address 9475 Chapel Hill Road. As part of the rezoning approval for the project, Proposed Zoning Condition 2(Page 2 of 11) in the Town of Cary Rezoning Staff Report specifies that "Prior to applying for a building permit for development of the project, the structure currently known as the 1938 Richards House will be preserved through the use of a preservation easement held by a qualified holder of historic preservation agreements as defined by NCGS Chapter 121, Article 4. Such easement shall assure that the 1938 Richards House will be retained and maintained forever substantially for preservation purposes." Therefore, the Richards House (WA0719) will be preserved in its current location in perpetuity, and will not be affected by the proposed widening of Chapel Hill Road (NC Hwy 54). The Rezoning Staff Report has been provided as an Appendix. Proposed Impacts The proposed impacts consist of 90 If of permanent stream impacts and 7,379 If of permanent Neuse River riparian buffer impacts. Impact 1 will result in 15 If of permanent impacts to Stream 1 from installation of rip-rap within the stream below the culvert to prevent erosion of the channel and undercutting of the culvert. Impact 2 will result in 75 If of permanent impacts to Stream 1 from extension of the existing culvert as needed for widening of the existing road. The proposed 7,379 sq ft of permanent riparian buffer impacts (Zone 1: 4,562 sq ft; Zone 2: 2,817 sq ft) will occur from widening of the road, which is a perpendicular road crossing impacting less than 1/3 acre of buffers, which is "Allowable". Avoidance and Minimization The proposed project consists of the widening of Chapel Hill Road (NC Hwy 54) to bring the curve at Fairbanks Rd into compliance with AASHTO, NCDOT and Town of Cary road design requirements. Therefore, design alternatives to further minimize impacts to streams and buffers were not possible. The rip-rap dissipator at Impact 1 has been designed for the rip-rap to be installed so that the top of the rip- rap matches the pre-construction elevation of the stream bed. This design allows for the impacted stream areas to continue functioning as a natural stream by maintaining natural water depths and allowing for passage of aquatic life, which will not result in a loss of stream function. Mitigation Stream Mitigation The proposed permanent intermittent stream impacts are less than 150 If, and therefore, stream mitigation is not proposed. Buffer Mitigation The proposed 7,379 sq ft of permanent riparian buffer impacts will occur for a perpendicular road crossing, which will impact less than 1/3 acre of buffers. Therefore, this activity is "Allowable", and mitigation is not required. Page 2 of 3 Park West Townes i �� vvitners�avene� Our PrpplC. Yrtir SuCrr:; The current request is for 90 If of permanent stream impacts and 7,379 sq ft of permanent Neuse River riparian buffer impacts (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, U . `_;,�a sF��veneV ��"�" Troy Beasley Senior Environmental Scientist Attachments: • PCN Form • Agent Authorization • Parcellnfo • Wetland Delineation Exhibit • USGS Quads & Wake County Soil Survey • Town of Cary Rezoning Staff Report • Corps 07/31/15 Email Approving Delineation • NCDWR Buffer Determination Letter • Impact Exhibits Page 3 of 3 O�pF W ATF9QG � � > �, o < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: � Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes � No 1d. Type(s) of approval sought from the DWQ (check all that apply): � 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes � No ❑ Yes � No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes � No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes � No 2. Project Information 2a. Name of project: Chapel Hill Road (NC Hwy 54) Improvements at Fairbanks Rd 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Meritage Homes of the Carolinas, Inc 3b. Deed Book and Page No. Book: 016113; Page: 00123 3c. Responsible Party (for LLC if applicable): 3d. Street address: 8800 E. Raintree Drive; Suite 300 3e. City, state, zip: Scottsdale, AZ 85260 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent � Other, specify: Meritage Homes Local Office 4b. Name: Brian Ketchum 4c. Business name Meritage Homes of the Carolinas, Inc. (if applicable): 4d. Street address: 3005 Currington Mill Blvd; Suite 100 4e. City, state, zip: Morrisville, NC 27506 4f. Telephone no.: 919-926-2616 4g. Fax no.: 4h. Email address: Brian.ketchum(c�meritaqehomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Troy Beasley 5b. Business name Withers and Ravenel (if applicable): 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 910-256-2584 5g. Email address: tbeasley@withersravenel.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PINs: 0754772396 1 b. Site coordinates (in decimal degrees): Latitude: 35.8040°N Longitude: - 78.8052°W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: N/A — Linear Road Improvement Project 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Coles Branch (Stream Index: 27-33-3) proposed project: 2b. Water Quality Classification of nearest receiving water: C;NSW 2c. River basin: Neuse River (HUC 03020201) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project currently consists of primarily of undeveloped area within the existing ROW of Chapel Hill Road (NC Hwy 54) and adjacent yard/property associated with the existing residential dwelling. The general land use in the vicinity of the project consists of residential and commercial uses. 3b. List the total estimated acreage of all existing wetlands on the property: None 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: ±75 If (within impact area) 3d. Explain the purpose of the proposed project: The purposed of the proposed project is for improvements to widen Chapel Hill Road (NC Hwy 54) at the existing curve at Fairbanks Rd to meet the requirements of the American Association of State Highway and Transportation Officials (AASHTO), NCDOT and Town of Cary. Currently, the existing curve in Chapel Hill Road (NC Hwy 54) is too sharp/tight and does not meet the minimum curve radius requirements. Meritage Homes is being required to construct the road improvements to bring Chapel Hill Road (NC Hwy 54) into compliance with the requirements of AASHTO, NCDOT and Town of Cary. The proposed road improvements are being required by the Town of Cary as part of the site plan approval for the Park West Townes project (AID SAW-2015-01667). However, the proposed road improvements do not include a turning lane or storage lane for the Park West Townes project, and does not serve the Park West Townes project in any way or affect the feasibility or function of the Park West Townes project. Therefore, the impacts from the Chapel Hill Road improvements are not considered cumulative with the Park West Townes project. The proposed improvements to Chapel Hill Road are simply improvements to a public road that are being constructed by Meritage Homes per requirements by the Town of Cary. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed road improvements consist of the widening of the west side of Chapel Hill Road (NC Hwy 54) to increase the curve radius to bring Chapel Hill Rd into compliance with AASHTO, NCDOT and Town of Cary road design requirements. Standard commercial construction equipment and techniques will be used to construct the proposed road improvements. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? � Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? � Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WithersRavenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. David Shaeffer with the Corps of Engineers approved the wetland delineation for the Park West Townes project during a site visit on 07/31/15 (SAW-2015-01667 & SAW-2013-1853), as documented in the attached email. The proposed Chapel Hill Road (NC Hwy 54) Improvements project is located within the area covered by the delineation approved by David Shaeffer for the Park West Townes project. The JD for the Park West Townes project (AID SAW-2015-01667) is being issued in conjunction with the NWP 29 requested for that project. NCDWR issued a Buffer Determination for the Park West Townes project (NBRRO#15-234) on 06/01/15, which includes the Chapel Hill Road Improvements project area. A copy of the buffer determination letter has been provided as an Appendix. 5. Project History 5a. Have permits or certifications been requested or obtained for � Yes ❑ No � Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes � No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands � Streams - tributaries � Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Tem orar T W 1 ❑ P❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts ac 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) Impact #1 (Stream 1) Rip-Rap Dissipator UT to Coles ❑ PER � Corps 6' 15 If � P❑ T Branch � INT � DWQ Impact #2 UT to Coles ❑ PER � Corps (Stream 1) Culvert Extension granch � INT � DWQ 6' 75 If �P❑T 3h. Total stream and tributary impacts 90 If 3i. Comments: 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tem orar T 01 ❑P�T 02 ❑POT 03 ❑POT 04 ❑POT 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If ond or lake construction ro osed, then com lete the chart below. Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. � Neuse ❑ Tar-Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem orar T im act re uired? NRB #1 Road UT to Coles Branch ❑ Yes 4,562 2,817 � P � T Crossing � No 6h. Total buffer impacts 4,562 2,817 6i. Comments: The proposed buffer impacts will occur from a perpendicular road crossing, and therefore is "Allowable". D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed project consists of the widening of Chapel Hill Road (NC Hwy 54) to bring the curve at Fairbanks Rd into compliance with AASHTO, NCDOT and Town of Cary road design requirements. Therefore, design alternatives to further minimize impacts to streams and buffers were not possible. The rip-rap dissipator at Impact 1 has been designed for the rip-rap to be installed so that the top of the rip-rap matches the pre-construction elevation of the stream bed. This design allows for the impacted stream areas to continue functioning as a natural stream by maintaining natural water depths and allowing for passage of aquatic life, which will not result in a loss of stream function. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent wetlands and streams. Construction access will be achieved through uplands. Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes � No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, miYigation is required by (check all that apply): ❑ DWQ ❑ COrpS ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes � No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3(2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified � Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The outfall for the existing stormwater collection system for Chapel Hill ❑ Yes � No Road (NC Hwy 54) will be maintained, and therefore, diffuse flow is not required. 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ❑ Yes � No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project consists of widening of the existing Chapel Hill Road (NC Hwy 54) and additional stormwater management is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: � Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local governmenYs jurisdiction is this project? Town of Cary � Phase II 3b. Which of the following locally-implemented stormwater management programs � NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes � No attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply � ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page8of11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes � No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes � No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ❑ Yes � No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project consists of the widening of Chapel Hill Road (NC Hwy 54), and is not in support of development, and will not be a catalyst for future development. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or � Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act � Yes � No i m pacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? WR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/content/map to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any occurrences of endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews did not identify any potential habitat for any federally protected species known to occur in Wake County, except for the Northern Long Eared Bat. Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" dbh, which is used for roosting during the day. There is no anticipated tree removal necessary for the widening of Chapel Hill Rd (NC Hwy 54), and therefore, WR concludes that the project will have "No EffecY' the northern long-eared bat, and consultation with the USFWS is not anticipated. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes � No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There are no waters in Wake County designated as essential fish habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation � Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? WR reviewed the NC State Historic Preservation Office's online database, located at: http://qis.ncdcr.pov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review identified one known historic structure approximately 80 If west of the project area. The occurrence consists of the Richards House (WA0719), located at address 9475 Chapel Hill Road. As part of the rezoning approval for the Park West Townes project (AID SAW-2015-01667), Proposed Zoning Condition 2 in the Town of Cary Rezoning Staff Report specifies that "Prior to applying for a building permit for development of the project, the structure currently known as the 1938 Richards House will be preserved through the use of a preservation easement held by a qualified holder of historic preservation agreements as defined by NCGS Chapter 121, Article 4. Such easement shall assure that the 1938 Richards House will be retained and maintained forever substantially for preservation purposes." Therefore, the Richards House (WA0719) will be preserved in its current location in perpetuity, and will not be affected by the proposed improvements to Chapel Hill Road (NC Hwy 54). The Rezoning Staff Report has been provided as an Appendix. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes � No 8b. If yes, explain how project meets FEMA requirements: www.ncfloodmaps.com 8c. What source(s) did you use to make the floodplain determination? Troy Beasley - WithersRavenel ��-�- Authorized Agent 03/21/16 Applicant/AgenYs Printed Name Applicant/Agent's Signature Date (AgenYs signature is valid only if an authorization letter from the applicant is provided.) Page 11 ofi 11 PCN Form - Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION ����'�_ WithersRavenel � I, _- dur People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner Meritaee Homes of the Carolinas. Inc (Client) does hereby appoint Withers & Ravenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Park West Townes Proiect. located at 9475 Cha�el Hill Road in Carv. Wake Countv. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Carv. NC 27511 Tel. (919)-469-3340 Date: � � Signature of Client: ��e,��l ��rr,��r,� D��2, o� ��'Ti��.c�c�trvi (Name - Print) (Title) c ~ ��i�;nat�are) �joUS�Ccl�tC�ot,JG�6uJ dvt�� i�Uu. S[.� r!�£ /v� MailingAddress ��,CrSv�c.c.�r �G ri ��t�� City State Zip Phone: �/� � �'aG -aGr� EmaiL• �J' ✓'itan . �CP,fG�1�.L° lMe,���7��iidw��5 . Cvw� 115 MacKenan Drive � Cary, NC 27511 t: 919 469 3340 � f: 919 467 6008 � www withersravenel com � License No. C-0832 Cary � Greensboro � Pittsboro � Raleigh � Wilmington PARCEL I N FO 9475 Chapel Hill Rd PIN: 0754772396 Real Estate ID: 0111757 Map Name: 0754 11 Owner: JAS & JAS LLC Mailing Address 1: 208 OXCROFT ST Mailing Address 2: CARY NC 27519-7329 Deed Book: 011891 Deed Page:01545 Deed Date: 04/03/2006 Deeded Acreage: 5 Assessed Building Value: $135,391 Assessed Land Value: $348,000 Total Assessed Value: $483,391 Billing Class: Business Property Description: TRA PROP WILLIAM HERBERT RICHARD Heated Area: 2166 SiteAddress: 9493 CHAPEL HILL RD City: CARY Township: Cary Year Built: 1979 Total Sale Price: $436,500 Sale Date: 04/03/2006 Type and Use: SINGLFAM Design Style: Split Level Land Class: RES 10 AC Old Parcel Number: 487-00000-0084 N 0 50 100 200 Feet I i i i I i i i I 1 inch = 100 feet Disclaimer iMaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, are provided for the data therein, its use,or its interpretation. WETLAND DELINEATION EXHIBIT . `. ' ,�r, ` +°�-��;?`���'��.." �''� � . � GRAPHIC SCALE a � � � �' ` � ,, • � ��� , � ,�;� • � � 0 100 200 � . �e ,�f�� �l`� � � , . , '` � \' `�4. ,�y'� � : _ 'r ,';'. '' . �• � ' #� ,' � ' 1 inch = 200 ft. Q �� + '-. �` }._ •'� . , i r �.. ^i�.'�!�� • �r ' i � , � P �'� - .�,,.�, ��^) t � �. `` � , =��.,I� . . 5�,�'...�, ' � � � ..� �. F .. � S_2 � �� . � `f�.:,r�� '�Y-� � ` / � � � f fT J � � , '� �, t f I p * � '� �� �:�� � — � , �� '� � �- , f R + ��� f' � � �, , � ,� _� ' '�y .�`' F � �,�,� Y � ', � � T � `. �:' ' / "i ` 1 � . . � ��.. , �_ 1 . . .yi.' S. - � t% ! 1 � �i e A - .. 4. `1 �. . �/ .i ��JJ ! , _ ,'�_i —/ '�• ' �9 ,� i � � s� ��_ :��,'' t� � � �i _ _ � d_ • l � . *�y� ��'�7�' f..��� . � �, R � / �'� 9 , r ,� � � ' . . T'� �T . � � � �_ � � ' • . 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TRO p,qRKOR ' ' �'drms HIGH HOUSE RD � / `�P � 3 = _ � . - . .. - y� ORY�V�N � � _: �yQ — �\_ 1: � i- - � � � i`'� : � -' " � 'Crappers �-�,p Q � I �`\�'�' Run 1 �J . Russell = � ' :, 1 ' _'� � � Hills o H�u 4�DOWELI o �_ �'�=� �, Crest Cem F ,� / ��" rRAPPfRS RUN DR Cedar Lochaven � N ��y�R[£Y DR Q � C � �����R� D�t Creck��, / \`o � Z � � MEADON 5 � � � o T9 `P ' � /L °¢' uW CORNWALL RD yI E C0� 99_ � � �� WithersRavenel CHAPEL HILL RD IMPROVEMENTS USGS QUAD (2013) - CARY ,� Engineers I P�anners I Surveyors � �` __ --�-�. � � � GRAPHIC SCALE \ . 0 200 400 �/ 1 inch = 400 ft. ', '� , .` � �� .s - \ � ( •� ' \ , �- �' � �� VE R G �^ S!L � � � �� - -� � � �. �Q �� r � �V, f � 1 � � �, P �C , . ,:� ;, _ . D'� . t�A 1�� ,. � . _ _ � ,� � � V r� I i �, � �i• ' V/ �O __--.� ,,, ` � �, � : CHAPEL HILL RD IMPROVEMENTS I USGS QUAD (2013) - CARY I ;� withersRavenel Engineers I P�anners I Surveyors 4RY WAKE COUNTY NORTH CAROLINA TOWN OF CARY REZON I NG STAFF REPORT Town of Cary, North Carolina Rezoning Staff Report 13-REZ-19 Chapel Hill Road Townes Town Council Meeting March 27, 2014 REQUEST To amend the Town of Cary Official Zoning Map by rezoning approximately 16.2 acres located at 9475 and 9493 Chapel Hill Road from Residential 40 (R-40) to Transitional Residential Conditional Use (TR-CU), with zoning conditions that limit the types of uses, require a minimum amount of masonry material on building facades, require a community gathering space that exceeds LDO requirements and preserve an existing historic structure. NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml. SUBJECT PARCELS Property Owner(s) County Parcel Number(s) Real Estate ID(s) Deeded Acreage (10-digit) JAS & JAS LLC 208 Oxcroft Street 0754772396 0111757 5.0 Cary, NC 27519 JAS & JAS LLC 208 Oxcroft Street 0754762985 0059677 11.26 Cary, NC 27519 Total Area 16.26 BACKGROUND INFORMATION Applicant JAS & JAS LLC 208 Oxcroft Street Cary, NC 27519 Agent for Applicant Glenda Toppe Glenda S. Toppe & Associates 4139 Gardenlake Drive Raleigh, NC 27612 Acreage 16.26 ± General Location 9475 and 9493 Chapel Hill Road Schedule Public Hearing Planning & Zoning Board Town Council October 10, 2013 November 18, 2013 December 19, 2013 February 27, 2014 March 27, 2014 Land Use Plan Designation Low Density Residential (LDR) to Medium Density Residential (MDR) Existing Zonina District(s) Residential 40 (R-40) Existing Zoning Conditions None Proposed Zoning District(s) Transitional Residential Conditional Use (TR-CU) Proposed Zoning Conditions 1. No more than twelve (12) detached dwellings shall be permitted. The only other uses permitted shall be limited to semi- detached/attached dwellings or townhomes. Page 1 of 11 Town Limits Valid Protest Petition Staff Contact SITE CHARACTERISTICS 4 5. The Yes Prior to applying for a building permit for development on the TR- CU Tract, the structure currently known as the 1938 Richards House will be preserved through the use of a preservation easement held by a qualified holder of historic preservation agreements as defined by NCGS Chapter 121, Article 4. Such easement shall assure that the 1938 Richards House will be retained and maintained forever substantially for preservation purposes. A minimum of 50% of all semi-detached/attached dwellings or townhomes shall be constructed with a two-car garage. The balance of the semi-detached/attached dwellings or townhomes shall be constructed with a one-car garage. The Town of Cary masonry material requirement for attached residential buildings will be increased from 35% to a minimum of 40% surface area. There shall be a minimum of one community gathering space no less than 4,500 square feet in size to include one (1) gazebo and one (1) fountain. are located inside the Town of Cary corporate limits. Wayne Nicholas, Planning Manager (919) 465-4610 wayne.nicholas(a�townofcary.orq Streams: Cary GIS maps indicate that both of the properties are potentially impacted by stream buffers. Field determination of these features will be required at the time of site plan review. Floodplain, Wetlands: Cary's GIS maps do not indicate any floodplains or wetlands on the subject properties. Field verification of such features is required at the time of site plan review. Adjacent Uses and (Zoning) North — Vacant (R-40), detached dwellings (R-20); and, office (OI-CU) (opposite side of Chapel Hill Road) South — Religious assembly (R-20 and R-40) and railroad right-of-way East — Townhomes (TR), and detached dwellings (R-8, R-20, and R-40) (opposite side of Chapel Hill Road) West — Vacant (R-40) and railroad right-of-way CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE (LDO) Land Use The zoning conditions proposed by the applicant would limit land uses to semi-detached/attached dwelling units and townhomes. Density and Dimensional Standards Existing Zoning District Proposed Zoning District Residential 40 (R-40) Transitional Residential Conditional Use (TR-CU) Max. Gross Density 1.08 6* (du/ac) 5,000 (for detached dwellings) Min. Lot Size 40,000 (square feet) No minimum size for semi-attached and townhouse developments Page 2 of 11 With Septic Tank/Well 150 (160 40 (for detached dwellings) Min. Lot Width for corner Lots) (feet) With public sewer 125 (135 for 20 (for semi-attached and townhouse corner lots) developments) From thoroughfare: 50 From collector: 30 From other streets: The roadway setback Min. Roadway From thoroughfare: 50 between the front of the dwelling and the Setback From collector: 30 roadway shall be no less than 18 feet when (feet) From other streets: 20 parking is provided between the dwelling and the roadway or 10 feet when parking is not provided between the dwelling and the roadway. 0/3 minimum, 6 combined Min. Side Yard (for detached dwellings) Setback �Nith septic tank/well: 20 (feet) With public sewer: 15 0/3 minimum,16 between building groupings (for semi-attached and townhouse developments) For detached dwellinqs: On thoroughfare, collector or other streets, the width of the roadway and rear setbacks combined shall equal at least forty (40) feet and any individual Min. Rear Yard setback shall be a least three (3) feet. Setback 30 For semi-attached and townhouse (feet) developments: On thoroughfare, collector or other streets the width of the roadway or front and rear setbacks combined shall equal at least twenty (20) feet and any individual rear setback shall be a least three (3) feet. Maximum Building Height 35 35 (feet) *Typical TR zoning districts have a maximum density of 6 du/ac. Open Space: With regard to required open space, Section 8.3.2 of the LDO reads: The developer of each residential development requiring development approval shall set aside at least five hundred (500) square feet of open space for each dwelling unit. This requirement is applicable to uses that require submittal of a site plan. Landscape Buffer: Based on the land uses specified within the zoning conditions proposed by the applicant, buffers for the subject property would be required as follows: 20-foot Type B adjacent to the religious assembly use (buffer shared with adjacent property); 30-foot Type B adjacent to the railroad right-of-way (entire buffer on subject property); 40-foot Type A adjacent to the lots with detached dwellings (entire buffer on subject property); 40-foot Type A adjacent to the vacant, residentially zoned land (buffer shared with adjacent property); Streetscape: The properties are adjacent to Chapel Hill Road, which is designated on the Town's Comprehensive Transportation Plan as a major thoroughfare. In accordance with Chapter 7 of the LDO, a fifty-foot (50') Type A(opaque) streetscape is required between residential development and a major thoroughfare. Page 3 of 11 Traffic The proposal is for a maximum of 6 units per acre for 16.2 acres, for a total of 97 units for this property. Of those 97 units, there is a condition which limits detached dwellings to a maximum of 12 units. So, the rest of the proposed units would be 85 townhomes. Trips for this proposal were calculated with the detached dwelling unit scenario included to generate the greatest amount of traffic being proposed by the applicant. Using ITE Land Use 230 Single Family Dwelling units, there would be 19 am and 16 pm peak hour trips generated for this use. Using ITE Land Use 230 Townhomes, there would be 46 am and 53 pm peak hour trips generated for this use. The total trips would be 65 am and 69 pm peak hour trips. The threshold for a traffic study is 100 peak hour trips, so a traffic study would not be required. Stormwater At the time of site plan review, the future plan must meet all stormwater management and detention requirements. Peak flow from the one-, two-, five- and 10-year storm events must be determined and must be attenuated back to pre-development conditions from the discharge point leaving the development. SUMMARY OF PROCESS AND ACTIONS TO DATE Neighborhood Meeting According to the applicant, a neighborhood meeting for the proposed rezoning was held on August 15, 2013. According to the information submitted by the applicant, six residents attended the meeting. According to the meetinq minutes, resident questions and concerns pertained to traffic along Chapel Hill Road, limiting the proposed use to townhomes, the number of proposed dwelling units, building height and garages, and improvements for Chapel Hill Road. Notification On September 24, 2013 the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on September 25 and October 2, 2013. Notice of the public hearing was posted on the property on September 25, 2013. Town Council Public Hearing (October 10, 2013) Staff presented an overview of the request. The applicanYs representative explained theirjustification for the requested zoning designation, and also indicated that the applicant would be offering an additional zoning condition regarding the minimum amount of masonry material required on building facades. During the public hearing, two citizens spoke in opposition to the proposed rezoning. Concerns were expressed by these speakers regarding traffic on Chapel Hill Road and that they were not aware of any plans for improving the road. Those in opposition believed that the traffic problem should be addressed before development is approved. Two individuals spoke in favor of the request. Those supporting the rezoning believed that this development was appropriate for the area and noted that the development would create a residential component in close proximity to a religious use and a commercial area. Town Council members acknowledged the concerns regarding traffic on Chapel Hill Road. It was noted that as development occurs along a road, improvements to the road are made along the frontage of the developing property. One council member commented on the historic house on the property and believed it was significant due to the style of the house. Another council member indicated that they were aware of concerns from citizens regarding density and trees. The council member noted the importance of providing adequate buffers and that consideration should be given to adding conditions regarding these issues. The applicant was asked by a council member to clarify which facades of the buildings would be subject to the condition regarding the increased amount of masonry material. The applicant stated they would work with staff to ensure this condition was clear. Changes Since the Town Council Public Hearing The applicant revised the proposed zoning conditions as follows: Page 4 of 11 Clarified the condition regarding garages to specify that at least 50°/o of all townhomes shall be constructed with a two-car garage, and the balance of units shall be constructed with a one-car garage; Added a condition that the masonry material requirement for attached residential buildings will be increased from 35% to a minimum of 40°/o surface area. Notification — Planning and Zoning Board Public Hearing On November 7, 2013 the Planning Department mailed notification of the Planning and Zoning Board public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on November 6 and 13, 2013. Notice of the public hearing was posted on the property on November 6, 2013. Planning and Zoning Board Public Hearing (November 18, 2013) Staff summarized the request and noted the changes to the proposed zoning conditions since the public hearing before Town Council. Due to the changes, a second public hearing before the Planning and Zoning Board was required. During the public hearing, Glenda Toppe, representing the applicant, explained the reasons for the requested zoning and the proposed conditions. Three citizens spoke in support of the request. Mr. Shaw asked about the density of the development to the east. Staff noted that the development is slightly more than five dwelling units per acre. Mr. Shaw also asked about peak hour traffic and the widening of Chapel Hill Road. Staff explained that volumes were not available since a traffic study was not required, and indicated that there was no dedicated capital funding for widening the road. Mr. Evangelista asked about zoning conditions related to roadway improvements and preserving the house on the property. Staff confirmed that there were no conditions regarding these items. Mr. Evangelista also asked about the condition pertaining to the masonry material requirements. Ms. Harris- Best and Mr. Shaw asked if road widening and the existing house would be addressed at the time of site plan approval. Mr. Miller asked about preserving the historic house on the property. Staff indicated that options for preservation had been discussed with the applicant, including relocating the structure as well as preserving on-site. The applicant indicated that they would continue discussions with the staff regarding this matter. Mr. Gascoigne asked if the proposed density is more restrictive than what could be allowed under the Land Use Plan designation. Staff noted that medium density is between three and eight units per acre. Mr. Werner noted that the proposed density is consistent with the Land Use Plan, and noted the transition to the commercial development to the west. Mr. Shaw indicated that the proposed density is less than the potential maximum. He also expressed concern about turning movements and additional traffic on Chapel Hill Road. Mr. Miller believed the use is appropriate for the area and noted the transition. He expressed concern about the historic house on the property and would like to see it protected and preserved on-site if possible. Mr. Swanstrom noted the concerns about Chapel Hill Road and the historic structure; he expressed support for the density and transition. The Planning and Zoning Board recommended approval of the request by a vote of 7-2. Town Council Meeting (December 19, 2013) Staff presented an overview of the request. The Planning and Zoning Board Chairman provided a summary of the board's discussion regarding the recommendation. Items/concerns discussed by the Town Council regarding the proposed rezoning included: traffic on Chapel Hill Road; the absence of sidewalks along Chapel Hill Road in the vicinity of the subject property; proposed improvements to Chapel Hill Road required by the Town's Comprehensive Transportation Plan; and, preservation of the historic structure (Richards House) located on the property. Page 5 of 11 Following the discussion, the rezoning request was tabled to provide the applicant with time to address concerns expressed by the Town Council. Status of Request Since the December 19, 2013 Town Council Meeting The applicant met with staff on multiple occasions and also with Capital Area Preservation to discuss options for preserving the historic house. One example of preservation that was discussed included the use of a preservation easement on the subject structure. The rezoning request was included as a discussion item on the February 27, 2014 Town Council meeting agenda. At the meeting the item was removed from the agenda, at the request of the applicant, to allow the applicant additional time to address the concerns expressed by the Town Council regarding the proposed rezoning, including the potential for preserving the historic house. Since February 27, 2014, the applicant revised the rezoning request in the following manner: added a zoning condition to preserve the existing historic house through the use of a preservation easement (the applicant has indicated that the house will remain in its present location on a lot that is separate from future development of the property); changed the requested zoning designation to Transitional Residential Conditional Use (TR-CU) (initial request was for Residential Multi-family Conditional Use (RMF-CU)]; specified a maximum number of detached dwellings that would be allowed under the TR-CU zoning designation (initial request was for only semi-detached/attached dwellings or townhomes); added a zoning condition that requires a community gathering space that exceeds the minimum size required by the LDO, with amenities that include a gazebo and a fountain. The request to change the zoning designation to TR-CU was initiated by the applicant's desire to keep the existing historic house (a detached dwelling) on the site in conjunction with future development of the property. The zoning initially proposed with the application, RMF-CU, would have resulted in the house becoming a non-conforming use since detached dwellings are not allowed in RMF zoning. The applicant changed the requested zoning designation to TR-CU since detached dwellings are allowed in that zoning district, in addition to the other uses already being requested by the applicant (i.e. semi- detached/attached dwellings or townhomes). With the change to TR-CU, the potential maximum density for development on the subject property will be decreased from 6.5 units per acre (as requested under a previous zoning condition) to the maximum of 6 units per acre allowed under the Land Development Ordinance for TR zoning. CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered in reviewing rezonings: 1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact; 2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO); 3. The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development; 4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; 5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 6. The proposed zoning classification is suitable for the subject property. APPLICABLE COMPREHENSIVE OR AREA PLAN REQUIREMENTS Page 6 of 11 Land Use Plan Future land use recommendations for the subject parcels are given by the townwide Land Use Plan, adopted in November 1996. The Land Use Plan Map recommends that these properties be developed as either Low or Medium Density Residential, as indicated by the label "LDR/MDR" on the Plan Map'. This designation includes densities ranging from 1 to 8 dwellings per acre. Full definitions of the LDR and MDR categories are given in Chapter 6, Sections 6.4 and 6.5 of the Land Use Plan. In summary: LDR describes single-family detached residential uses at densities typically between 1 and 3 dwellings per acre. MDR describes single-family attached or detached uses at densities typically between 3 and 8 dwellings per acre. Single-family attached uses might include duplexes, triplexes, and townhomes. Multi-family is typically not envisioned within MDR areas, unless warranted by the use of a clustered/conservation development design. Chapter 6, Section 6.5.2 of the Land Use Plan Document notes that "residential densities should transition gradually between high, medium, and low density." Historically, density transitions have been made either by providing a gradual change in density or lot size, or by providing an appropriate vegetative buffer transition, or by use of an architectural or design transition, or a combination of two or more of these approaches. Thus, while the broad definitions for "LDR to MDR" on the Plan Map indicate a potential density range of anywhere from 1 to 8 dwellings per acre, the specific density and/or housing type that might be appropriate for the subject parcels can also depend on context and transitions to adjacent residential properties. In evaluating the case, the Planning and Zoning Board and Town Council typically make the determination as to the most appropriate density within the density range, depending on the site's context and transitions. Planning History for the Subject Parcels: The Land Use Plan designations along the south side of Chapel Hill Road in this vicinity are unchanged from plan adoption in 1996. There was a prior Comprehensive Plan Amendment (CPA) request submitted in December 2010, as case 10-CPA-11. However, that case was subsequently withdrawn by the applicants in March 2011, following the first public hearing. That case had requested that the parcels be designated as part of the Community Activity Center (CAC) that is primarily located within the Town of Morrisville, and focused around the four quadrants of the intersection of NW Cary Parkway and Chapel Hill Road. Planning History for the Surrounding Area: There have been a number of Land Use Plan changes along the Chapel Hill Road corridor between NW Maynard and NW Cary Parkway since initial plan adoption in 1996. These include: The Land Use Plan Map was cosmetically amended in 2009 for the parcel immediately east of the subject parcels, to reflect the construction of the SVI Temple, by changing the Plan Map for that parcel from "LDR/MDR" to "OFC/INS" (Office/Institutional). (Temple construction did not require a change to R40 zoning, so there was no event requiring a formal CPA.) In 2003 the Land Use Plan was amended along both sides of Chapel Hill Road, approximately 1,600 feet east of the subject parcels, with the adoption of the NW Maynard Activity Center Land Use Plan. That plan was subsequently amended in 2006 for the properties on the southwest quadrant of that intersection (south side of Chapel Hill Road). 09-CPA-05, approved in May 2010, changed the future land use designations for an assemblage of nine properties totaling 13.9 acres on the north side of Chapel Hill Road, diagonally opposite the subject properties. For that tract, the future land use designation was changed from LDR to "Low to Medium Density Residential" (LDR to MDR). ' Note: In 1996, the label "LDR/MDR" was used to indicate that housing in either density category could be appropriate. In later years, the labeling practice changed to using the label "LDR to MDR". Page 7 of 11 Growth Manaqement Plan The Growth Management Plan includes the following Guiding Principles which are relevant to this case: Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with new development. Analvsis: Utilities are available within this infill site location. Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions. Analysis: The site is an infill site, located within 1,000 feet of the Park Place Shopping Center, and less than '/2 mile from the new Park West Village in Morrisville. The site is also convenient to the Weston Office Park, as well as the office and industrial uses along James Jackson Avenue (one mile travel distance to either Weston Parkway or James Jackson Ave.). Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development. Analysis: The site can be considered as a preferred growth area, since it is an infill site and in close proximity to major employment centers. Affordable Housinq Plan The Affordable Housing Plan includes the following goals that may be relevant to this case: Goal #1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges. Goal #6. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies. Goal #7. Actively participate in the renewal of neighborhoods suffering from physical deterioration or from the inequitable distribution of public resources in the past. Goal #8. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income. Comments: The provision of housing at this location would seem to support Goal #6, since the site is within walking distance of Park Place Shopping Center. The closest entrance to Park Place is located approximately 1,000 feet from the site at its closest point, following Chapel Hill Road. The case may also support Goal #7, by providing new housing and redevelopment along this section of Chapel Hill Road. Increases in traffic along Chapel Hill Road over the last 40 years have affected the quality of life for the older single-family lots along the road. Depending on the specific housing types ultimately provided on the site, the case may or may not help to support Goals #1 and #8 above. Comprehensive Transportation Plan Chapel Hill Road is designated as a Major Thoroughfare Existing Section: 2 lanes, undivided with a wide shoulder/turn lane in approximately 75-foot ROW Future Section: 6 lanes, median divided in 124-foot ROW Sidewalks: Existing on the north side; required on both sides Bicycle Lanes: 14-foot-wide outside lanes required on both sides Status of Planned Improvements: NC 54 from NW Maynard Road west to Morrisville is currently under a feasibility study to explore road widening and rail options. This is a feasibility study only and there is currently no funding allocated to construct any improvements at this time. Page 8 of 11 Bus Transit: At present there is no C-Tran or Triangle Transit bus service along this section of Chapel Hill Road. The nearest existing C-Tran service is provided via Routes 1 and 2 on Maynard Road, approximately 0.6 mile east of the site at the closest point. The long-range expansion plans for C-Tran envision a potential future route along NW Cary Parkway, approximately 0.4 miles west of the site at the closest point. Regional Light Rail Transit: Triangle TransiYs regional transit plans envision a light rail corridor along the North Carolina Railroad Corridor, with a station stop near the southwest corner of the Park Place Shopping Center, where NW Cary Parkway bridges over the railroad. Depending on the siting of future pedestrian trails for the station, walking distance to the subject site could be as close as 0.3 miles at the closest point, or as far as 0.5 miles at the closest point. However, final funding and approval for Triangle Transit's proposed rail system has not yet been secured, and project dates are therefore unknown. Parks, Recreation 8� Cultural Resources According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a greenway was proposed along the parcel's southeastern property boundary. The original intent of this greenway was to provide a connection between the Chapel Hill Road street-side trail, and the formerly proposed light rail station at 160 Towerview Court. This greenway connection would have required a grade-separated crossing of the railroad corridor. Since the site on Towerview Court is no longer being considered for a light rail station, staff recommends removal of the proposed section of greenway on the subject property and that no greenway easement dedication be required. These comments were reviewed and approved by the Town's Greenways Committee at its September 19, 2013 meeting, and by the Parks, Recreation & Cultural Resources Advisory Board at its October 7, 2013 meeting. A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance. Open Space Plan According to the Open Space Plan there are no significant natural resources associated with this site. Historic Preservation Master Plan A goal of the Town's adopted 2010 Historic Preservation Master Plan is to "Preserve, protect and maintain Cary's historic resources." One of the subject parcels (9475 Chapel Hill Road) contains the circa 1938 Richard House, which is listed in the CaryM/ake County Architectural and Historical Inventory. The house is a 2-story, 2-bay stone veneer dwelling exhibiting Craftsman design features such as a hip roof with wide overhanging eaves, porch, and porte cochere supported by large, tapered piers, six-over- one sash windows, and a half-timber design over the front entrance. The house is said to have been built around 1939 by the Richard family, and its historic nature should be viewed within the context of the boom, bust and recovery between the World Wars (1919-1941). Though Craftsman-style houses were popular in Wake County and Cary in the early twentieth century, this house is especially notable because of its stone veneer and porte cochere, features that are somewhat rare in Cary's remaining inventory of Craftsman houses. (Note: Porte cochere is the architectural term used to describe the side-projecting porch that provides protection for vehicles and people entering the house.) Summarv Observations The density requested by the rezoning is within the density range identified by the Land Use Plan. As noted previously, however, while the "LDR/MDR" designation on the Plan Map indicates a potential density range of anywhere from 1 to 8 dwellings per acre, the specific density and/or housing type that might be appropriate for the subject parcels can also depend on context and transitions to adjacent residential properties. In evaluating the case, the Planning and Zoning Board and Town Council typically may determine the most appropriate density within the density range, depending on the site's context and transitions. The requested rezoning seems to support three of the Guiding Principles from the Growth Management Plan. Page 9 of 11 The requested rezoning seems to support two of the goals of the housing plan, and may support up to two additional goals, depending on the final housing product selected. The site is presently not well-served by bus transit, but may enjoy better service as the C-Tran system is expanded over time. The site may someday be served nearby by light rail transit to downtown Cary and Raleigh, however this is presently uncertain. The applicant indicates they will protect the 1938 Richards House with a preservation easement (see above Summary of Process and Actions To Date). This action supports the goals of the Historic Preservation Master Plan. OTHER REFERENCE INFORMATION Schools , Projected Range of This information is being provided for your review; Type Additional StudentsZ however, the Wake County Board of Education Elementary School 11 - 36 controls capital projects for school capacities. Middle School 6- 24 High School 4 - 19 Total Projected range of additional students 21 - 79 'Information regarding specific Wake County Public School assignment options may be found by visiting the following: http://assignment.wcpss.net/preview/myplan.html 2 The Projected Range ofAdditional Students is a rough approximation. The actual number of students will vary depending on variables, such as the number of bedrooms, dwelling size, and other factors. For example: a site with 12 three-bedroom homes could yield six additional students, while 12 homes with greater than three bedroom units could yield 10 students. The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment. At rezoning, student yield can not be accurately determined due to unknown variables. APPLICANT'S JUSTIFICATION STATEMENT Attached are the applicant's responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary. ORDINANCE FOR CONSIDERATION 13-REZ-19 CHAPEL HILL ROAD TOWNES AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 16.26 ACRES, LOCATED AT 9475 AND 9493 CHAPEL HILL ROAD AND OWNED BY JAS & JAS LLC, BY REZONING FROM RESIDENTIAL 40 (R-40) TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-CU). BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows: Page 10 of 11 PARCEL & OWNER INFORMATION Property Owner(s) County Parcel Number(s) Real Estate ID(s) Deeded Acreage (10-digit) JAS & JAS LLC 208 Oxcroft Street 0754772396 0111757 5.0 Cary, NC 27519 JAS & JAS LLC 208 Oxcroft Street 0754762985 0059677 11.26 Cary, NC 27519 Total Area 16.26 Section 2: That this Property is rezoned from Residential 40 (R-40) to Transitional Residential Conditional Use (TR-CU) subject to the individualized development conditions set forth herein, if any, and to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines, all of which shall constitute the zoning regulations for the approved district and are binding on the Property. Section 3: The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are: 1. No more than twelve (12) detached dwellings shall be permitted. The only other uses permitted shall be limited to semi-detached/attached dwellings or townhomes. 2. Prior to applying for a building permit for development on the TR-CU Tract, the structure currently known as the 1938 Richards House will be preserved through the use of a preservation easement held by a qualified holder of historic preservation agreements as defined by NCGS Chapter 121, Article 4. Such easement shall assure that the 1938 Richards House will be retained and maintained forever substantially for preservation purposes. 3. A minimum of 50% of all semi-detached/attached dwellings or townhomes shall be constructed with a two-car garage. The balance of the semi-detached/attached dwellings or townhomes shall be constructed with a one-car garage. 4. The Town of Cary masonry material requirement for attached residential buildings will be increased from 35% to a minimum of 40°/o surface area. 5. There shall be a minimum of one community gathering space no less than 4,500 square feet in size to include one (1) gazebo and one (1) fountain. Section 4: This ordinance shall be effective on the date of adoption. Adopted and effective: March 27, 2014 Harold Weinbrecht, Jr. Mayor Date Page 11 of 11 CORPS EMAI L APPROVING DELINEATION Beasley, Troy From: Shaeffer, David L SAW <David.L.Shaeffer@usace.army.mil> Sent: Friday, July 31, 2015 425 PM To: Beasley, Troy Subject: RE: Chapel Hill Townes (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Yes. Are you going to have a project soon? David L. Shaeffer U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: 919-554-4884 ext. 31 Fax: 919-562-0421 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 -----Original Message----- From: Beasley, Troy [mailto:TBeasley@withersravenel.com] Sent: Friday, July 31, 2015 4:23 PM To: Shaeffer, David L SAW Subject: [EXTERNAL] Re: Chapel Hill Townes (UNCLASSIFIED) Ok. Can you disregard theirs and issue based on ours? Sent from my iPhone > On Jul 31, 2015, at 4:21 PM, Shaeffer, David L SAW <David.L.Shaeffer@usace.army.mil> wrote: > > Classification: UNCLASSIFIED > Caveats: NONE > > No...it is in my incomplete JD pile. It must be missing something. > > David L. Shaeffer > U.S. Army Corps of Engineers > Raleigh Regulatory Field Office > 3331 Heritage Trade Drive, Suite 105 > Wake Forest, North Carolina 27587 > Phone: 919-554-4884 ext. 31 Fax: 919-562-0421 > 1 > The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at BLOCKEDcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:OBLOCKED > > > -----Original Message----- > From: Beasley, Troy [mailto:TBeasley@withersravenel.com] > Sent: Friday, July 31, 2015 4:11 PM > To: Shaeffer, David L SAW > Subject: [EXTERNAL] Re: Chapel Hill Townes (UNCLASSIFIED) > > Dang, me too. Did you issue a JD? > > Sent from my iPhone > » On Jul 31, 2015, at 4:04 PM, Shaeffer, David L SAW <David.L.Shaeffer@usace.army.mil> wrote: » » Classification: UNCLASSIFIED » Caveats: NONE » » I looked at the same two parcels on 10/1/2013 with Steven Ball at S&EC for JAS & JAS LLC. File number SAW-2013- 1853. I knew it looked familiar. Your delineation is very similar. I wish I would have noticed this before I scheduled the site visit. » » David L. Shaeffer » U.S. Army Corps of Engineers » Raleigh Regulatory Field Office » 3331 Heritage Trade Drive, Suite 105 » Wake Forest, North Carolina 27587 » Phone: 919-554-4884 ext. 31 Fax: 919-562-0421 » » The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at BLOCKEDcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:OBLOCKED » » » -----Original Message----- » From: Beasley, Troy [mailto:TBeasley@withersravenel.com] » Sent: Friday, July 31, 2015 1:59 PM » To: Shaeffer, David L SAW » Subject: [EXTERNAL] Chapel Hill Townes » » Check on delineation near site and Buddist temple. » » Sent from my iPhone » » Classification: UNCLASSIFIED » Caveats: NONE > > > Classification: UNCLASSIFIED > Caveats: NONE 2 NCDWR BUFFER DETERMINATION LETTER ��� ���� NCDENR � :� North Carc�lina C�e�artrnent �f Er�vi'ronmer�t an�i Natural Resaure s Pat M�C�ary Gc�vernar June 1, 2U15 JAS & JAS, LLC 208 Oxcraft Streei Cary, NC 275 � 9 �onald R. var� der Va�rt Secretary Subject: Buffer Qetermination NI�RRC?# l 5-234 Wake Counry Determination Type� Buf�er Call Isolated or EIP Ca�l �' M1leuse (15A NCAC 2� .0��3) [] Tar-Pamlico (15p N�AC 2B .a259) � ��hemeralllntermittentl�er��nnial Determination � lsalat�d Wetlanc! D�ter�rtination ❑ Jardan (15A NCAC 28 .0287} Prpject Name: Location�D irections: 5ubject St�eam: 9475 & 9493 Cha�el Hill Raad (Hwy 5Q}, Cary 1JC 5ubj�ct properties are privately owa�ed single-family re�iden�iallunde�efoped Sots located at project addresses; UT ta Coles Branch 1)etermination Date: April ZS, 2�T5 Stafft Sara �nies Feature Not Sub�ec! E/f/P* Start@ Stop�w Soii US�S IFlag SubjecR Tn Survey Tapa To Buf€ers Suffers A X E }C B 7C I Throughout Throughaut X C X E ?� Unmappcc3 X I Flag S-4 Confluence wl Strearn 1** Feature B Ursma�p�d X i Fla� S-2 Canfluence �vl Stream 2** Features B *ElIIF - EphemeralJIntermittenVPererrnial '''"tfr�mapped Stream 1 and 2 are nor c�epicted on the W�ke Caunty Sail Surve�+ and/or CJS"GS' to,pagraphic m�ps. Unmapped Slream 1 and 2 are therefdre raot subject to Neuse Rfver Rrpariar� Iiuf�"er Rules,� unmapped Str�am 1 and 2 �rre subjeGt to 4R1lisal�ated wczlers permrtting. �n� ��'011ri� ,,�turrrll� North Carolina C7ivision caf Water Resaurc�s 1628 Mail Service Center Raleigh, d�C 27fi99-1628 Phr�ne {919J 791-420Q Intemet: www.ncwater�uaiitv.rsra Locatian: 3800 Barrett Drive Raleigh, IVC 276fl9 Fax (919) 788-7i59 An Equal �ppor[unAtyfAffirmaGve Action Emp�yer- 5U% RacydedltQ96 Post Cr�nsumer Paper 9475 ��: 9�39:> Chapel Hill Road Wake Cc�unty '��`�: � "` , � lune �, 20 } 5 '' '� =� �` ''- -�, Page ?��.,�� - Explanatit�n: The feature(sj listed above has or ha�+� been lacated an the Soil Survey of Wake Caunry, Nor[h Carolina c�r the most reeent copy of`the USGS Topographic map a[ a 1:24,�1a� scade. Each feature that is checked "I*�ot Sut�ject" has been determined not to s�e a stream or is noi present �n the property. Features that are ehecked "Subjeet" ha�e been located ar� the property and passess characceristics that qualify it ta be a stream. T'here may be ather streams lQcazed on your propes-ty that do not shDw up on the maps referenced above but, sti11 may be considered jurisdictionad a�cordiz�g to the l�'S Army Corps pf En�ineers andlor t� the Diwision of Wat�r Resources (DWR). This an-site determination shall expire fve (5) years from the date af this let�er. Landorvners or affected parties that dispuste a d+�termination made by the DWR or Delcg�ted Lr�cal Authority may request a determinatian by the Directpr. An appeal requesf must be made within sixty (6U) days of �afe nf th�s letter or ffrom the d.ate tl�e affected party {ie�cluding downstrearm andlar adjacent owners) is notiited of this letter. �► request for a determination by the ❑irectar shall be referred to the Directar in writing clo Karen Hig�is�s, Kare� F3iggins, DWR — 401 & Bufter Permitking L�nit, 16I7 Mail S�rvice Center, Raieigh, NC 27G99a1G17. Th'rs de#crmination is �nal and binding unless, as detailed above, you as�c for a he��'ing or appeal within sixty (60) days. The ownerlfuture awners shoutd not'rfy the D��isian of V4�'ater Resovrces (including any ather Lacal, State, and Federa! Agcncies) of this decision cnr�cerning any futurc correspondences regarding khe subject property (stated above). T'his �roject may require a Seetion 4041441 Permit for the proposed actiwity. Any inquiries should be directed to the Di�+ision af Water Reso�rces (Central Ui��e} at (919)-807-fr300, and #he US Army Corp of Engineers (Iialeigh Regulatary Fie�d �ffice} at (919)-554-4884. lf yc+u have questions regarding this deterrninatian, please feeV free t� cantact Sara Knies at (914} 791-4258. � ��, R�Sp� r��iy, ' , ��. � �� l� Danny S�th, Supervisor Water Qualiry Section RalEigh �egional Office cc: I�R[�ISWP' File Co�y � a � y ; '!��'? � � ��-r - -y� �- : : . �,� �.,• . . . •r �r�.' _'� 'j' ` : v 7a4Ab '`� '• ° �'�'u ;,�,�,.ifti!, ;� �,,,;'.o . ,ti� v �lr,� c . �.e c �, � ,.... �s.'K.'- �'y.. s `1 m "Z. : ': w ry.�' . 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SdIL S���V�Yz- �}-�E'E7 4G� � k W9TH�R� �' [�.i1ENEl.� AM�IMLiRf 1 f'LAM�EGy4 s iy�V[�Ot� wARY WAit4 G4UNTY NC}RfH CA(tIX�NA ��_ �� � �� � �� I M PACT EXH I B I TS N W � � � � � � w Z 5 a N � w � Z W J W Z � � � � � w � g � 0 0 � 0 /� I ��� � � � �� I STREAM IMPACT� AREA / I � I /\ � \ ` I \ � ` ♦ � --� / \ / � � \ � ` � i /i \ � ` r�i � �i V � \ ` ` � � � \ ♦ �� ` � �,c \ � � . � � � \ � � � �� � � ` �� � \ ` ♦ ` ` ` � 1 . s�a�e wR r'=zoo� Date PARK WEST TOWNES RSF 3/7/2016 TB I 2�soo3�.,0111 TOWN OF CARY WAKE COUNTY NORTH CAROLINA �/ \ll��� � �� /' `\ ' I\ �1� � � � \ MERITAGE HOMES OF THE CAROLINAS, INC. PROPERTY OWNER � 8800 E. RAINTREE DR., SUITE 300 SCOTTSDALE, AZ 85260 ` MERITAGE HOMES OF THE CAROLINAS, INC. PROPERTY DEVELOPER � 8800 E. RAINTREE DR., SUITE 300 SCOTTSDALE, AZ 85260 �� � •` PROJECT ADDRESSES _ 9475 & 9493 CHAPEL HILL ROAD ` CARY, NC 27513 NCPINS —� 0754762985 & 0754772396 TOTAL SITE ACREAGE � 13.819 ACRES //� WEfLAND IMPACT AREA - 2,09a SQ. FT. (0.048 ACRES) � CONSTRUCTED STORMWATER\ WETLAND \ \ ` `' \ � � \ � �� o ,�. �- �. �. SCALE:1• _ �0, NOTES: WETLANDS DE�INEATION FIELD VER�FIED BY DAVID SHAEFFER WITH THE CORPS OF ENGINEERS ON 07/31/15 (SAW-2013-1853 & SAW-2015-01667). BUFFER DETERMINATION ISSUED BY NCDWR ON 06/01/2015 (NBRRO #15-234) WETLANDS SURVEYED BY WiTHERSRAVENEL, INC., 2015 Impact Justification Statement The purpose of these proposed wetland impacts is to insta�l a road extension for three (3) townhome units of a new residentia� townhome subdivision in the Town of Cary. Due to the location of the existinc� wetiands, impact avoidance cannot be achieved, but will be min�mized to the most practical extent possible. AI� construction shall be in accordance with the Town of Cary, NCDENR, NCDWR and USACOE applicable standards and specifications. OVERALL SITE PLAN WITH ,TIONWIDE PERMIT 14 STREAM IMPACTS PRELIMINARY NOT FOR RECORDING OR CONSTRUCTION 1! WithersRavenel Engineers � Planners ,s, ,n s. wrNnomn ause�l �oh. Nc riem I e e�e.4eea9al ucanes #:caes�lwww.rwn�r.eaana.cam Sheet No. 1of3 .� 0 N ��s PERMANENT STREAM IMPACT #1:1 /\ 15 LF (RIP RAP INSTALLATION. ,/ SEE DETAIL ON SHEET 3 \ / � / _- -� / , � _-- � _ . � . _ . �'- : . �m` � • • � • • PERMANENT STREAM IMPACTS: 75 LF PERMANENT STREAM IMPACTS (RIP RAP DISSIPATORS): 15 LF NOTE: PROPOSED COFFER DAM AND PUMP—AROUND WILL BE CONTAINED WITHIN THE PROPOSED STREAM IMPACTS �` � � � � � � �� \ � \ \ \ \ \ '\ \� �\ � \� __ �, ... �... .... . . PERMANENT IMPACT 75 Li= OF STREAM - \ •` � EE SHEET 3 FOR ST M OSSING PROFILE A—A \ � � � � % SCALE:1' = 40' Y WR #: 02150037.10 � PRELIMINARY NOT FOR RECORDING OR CONSTRUCTION DATE 3/7/2016 2of3 1! WithersRavenel PARK WEST TOWNES EngineerslPlanners NATIONWIDE PERMIT 14 STREAM IMPACT ,a„ns.wr��so-.��r�tiNc�em�es�s.ae�as+o��.#:aoe�e�w�,.�n�xe��.� TOWN OF CARY WAKE COUNTY NORTH CAROLINA 1! WithersRavenel Engineers � Planners �a� �n s. wrdn�on streaqr�ti Nc�eo�� e s�a.ae�aseol �ene. #:aoe�elwww.wm�xeverr�.can PARK WEST TOWNES STREAM CROSSING PROFILE AND DETAILS TOWN OF CARY WAKE COUNTY NORTH CAROLINA 0 � � � � w Z g a W � Z W w Z Q � N � W 2 F=- 3 Q � � � 0 /� I ��� � � � �� INEUSE RIVER BUFFER� IMPACT AREA � i � I ^ ` \ I ` ` \ � � � � --� �/ � � � � � ` � i /i ` � \ r�i � �♦ V \ ` � � � \ � O \ � �c \ � � . � � � \ \ �� �� � �,�o ` � \ ` � 1 \ s�a�e wR r'=zoo� Date PARK WEST TOWNES RSF 3/7/2016 � n \ ` TB I 2�soo3�.,0111 TOWN OF CARY WAKE COUNTY NORTH CAROLINA \ � ` MERITAGE HOMES OF THE CAROLINAS, INC. PROPERTY OWNER � 8800 E. RAINTREE DR., SUITE 300 SCOTTSDALE, AZ 85260 \ MERITAGE HOMES OF THE CAROLINAS, INC. PROPERTY DEVELOPER � 8800 E. RAINTREE DR., SUITE 300 SCOTTSDALE, AZ 85260 �, `, � •` PROJECT ADDRESSES _ 9475 & 9493 CHAPEL HILL ROAD ` �� \ CARY, NC 27513 �� NCPINS —� 0754762985 & 0754772396 TOTAL SITE ACREAGE � 13.819 ACRES //� WEfLAND IMPACT AREA - 2,09a SQ. FT. (0.048 ACRES) � CONSTRUCTED STORMWATER\ WETLAN D \ � �\ \ % � � � � � o ,�. �- �. �. SCALE:1• _ �0, NOTES: WETLANDS DE�INEATION FIELD VER�FIED BY DAVID SHAEFFER WITH THE CORPS OF ENGINEERS ON 07/31/15 (SAW-2013-1853 & SAW-2015-01667). BUFFER DETERMINATION ISSUED BY NCDWR ON 06/01/2015 (NBRRO #15-234) WETLANDS SURVEYED BY WiTHERSRAVENEL, INC., 2015 OVERALL SITE PLAN WITH NATIONWIDE PERMIT 14 NEUSE RIVER BUFFER IMPACTS PRELIMINARY NOT FOR RECORDING OR CONSTRUCTION 1! WithersRavenel Engineers � Planners ,s, ,n s. wrNnomn ause�l �oh. Nc riem I e e�e.4eea9al ucanes #:caes�lwww.rwn�r.eaana.cam Sheet No. 1of2 ZONE 1 PERMANENT BUFFER IMPACTS: 4,562 SQ. F-i. TOTAL ZONE 2 PERMANENT \ BUFFER IMPACTS: 2,817 SQ. F-f. TOTAL \ r� �ji� \ �,�,�,G �� ! ti� \ Q2� ti��y` � � p� / � �. O-y�`�r � / ►5 -JB505 � \ / � � �� �` � � 5 % '--_, / �\ � ----- �. i -_ \ \ PERMANENT IMPACT #1: �' — NEUSE RIVER BUFFERS � �'' ��-_ � "� -P502 ��-;`� _ = -_ �� � = _ _ _-� � — = .= \ - �� ' `��P EX. 24" RCP SP i, - — — , \ ` \ � � —� ���� � � pRVP� �� -- _ _ . _ . _. _:-� � � � ����� � R��ERP'�F -------- ` - -� .`.,=_'..^ _:; ��\ � 50, NE�USFR�M� �CB501-=. =_ _ \� � . _, -� B5 j FF� � / EW5�0-- _ - `�. ` ` 2 Zp' Z�N ' PROPOSED CONCR - _ `, ENDWALL � � 1 � ` �P� NE � � 3�' ' 41 - ,; �'� ,'� '� _ � � , � ' �/ Z�' - , � , / / -._ �` � '� i' ,y ' � t� � � � �N� � , � ,-�"- �\ � �� °-� '� ' ,�/� � 30 ; ' � s� � c� -o _ �� � � � � v� � %'" � , / � , � ,' � � � �� ,` / , ' � � 2 ' ' - \y'' �� � � N� � � �__�___' ,o � �, I � � ; � ` �o � a-� � , �� � � � ' ,' � � � � �, ���,'" � -o � N o � � � � a /� � �� , � �E R�� � � , � �r' � p' � F � , 5 FFE , � , ,' � gv � , ,� , / �/ " � '�� �� �9CAL.E:1'=40' WR #: 02150037.10 ��� `�,, r � � '�� �� 4� 1! 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