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Home My WebLink About20070191 Ver 1_More Info Received_20170316 Homewood, Sue From:Paul Petitgout <ppetitgout@gmail.com> Sent:Thursday, March 16, 2017 9:30 AM To:Homewood, Sue Cc:Johnson, Alan; Shaeffer, David L SAW Subject:Bryton Development DWR# 2007-0191 v3 FINAL RESPONSES Attachments:Final Bryton Letter Responses 3-2-17.pdf Sue: Attached, please find the final version of our responses that address the concerns raised in your letter of October 6, 2016 and our subsequent meeting on January 25, 2017. We have removed the "Draft" watermark and would like to submit these responses for formal review. Please let me know if you have any questions or if you need any additional information. We look forward to your review and we thank you for your efforts on this project. Regards, Paul S. Paul Petitgout President/Managing Member Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone: (803) 992-0910 Email: ppetitgout@gmail.com 1 LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 March 2, 2017 Ms. Sue Homewood North Carolina Division Water Resources 401 & Buffer Permitting Branch 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Responses to a Request for Additional Information Bryton, a Mixed -Use Community Town of Huntersville, Mecklenburg County, North Carolina DWR #: 2007-0191 v3 Dear Ms. Homewood: In follow up to your October 6, 2016 letter and our January 25, 2017 meeting, Lowrys Environmental & Ecological Services, LLC, ("LEES"), R. Joe Harris & Associates, Inc ("RJH"), and Development Solutions BRY, LLC ("Developer") have prepared this letter to summarize our efforts to avoid and minimize stream and wetland impacts within Bryton, a transit oriented mixed-use development located in Huntersville, North Carolina. Property Overview The Developer acquired a 175 -acre residential portion ("Property") of Bryton in 2013. Prior to this acquisition, regional mass transit infrastructure in and around Bryton including roads, bridges, and realignment of the rail line to enable commuter rail was completed and financed by bonds issued by Mecklenburg County. In relation, Property's $1.2 million annual debt obligation is to be covered by property taxes generated by development of single family homes, townhomes, and apartments. Transit Oriented Development — Residential (TOD-R) zoning applies to over one-half of the Property and requires a minimum density of fifteen units per acre, which reflects density guidelines for federal funding of light rail. Overall Avoidance and Minimization Activities The original master plan, approved by the Town of Huntersville prior to the Developer's acquisition, would have impacted of approximately 2,782 linear feet of streams and approximately 0.26 -acre of wetlands. To avoid and minimize environmental impacts in balance with county bond payment and zoning density obligations, the Developer modified the original plan and the modified plan was subsequently approved by the Town of Huntersville. As a result of the modification, stream impacts were reduced from ±2,782 linear feet to 1,311 linear feet (a reduction of 53%) and wetland impacts were reduced from 0.26 acres to 0.18 acres (a reduction of 30%). LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC The tables below show the reduction of impact from the original plan to the modified plan (the current plan). The modified plan achieves avoidance and minimization of impacts by protecting major tributaries and significant wetland areas associated with those tributaries and also by the use of sand filters in storm water ponds to reduce overall size. Parcel 5 (Multi -family) - Impacts #7 and #8 During our meeting on January 25, 2017, we presented the reasons that additional avoidance and minimization was not feasible. Given its TOD-R zoning and steep topography, the fifteen -acre Parcel 5 targets multi -family use. The site's primary entrance will be located on the future Bryton Ridge Parkway west of the traffic circle. Due to steep topography and proximity to the traffic circle, the second point of ingress/egress required by Town of Huntersville for emergency responses (reflecting International Fire Code) must be located on Bryton Parkway south of the traffic circle. Proposed Impact #8 is necessary to facilitate connection to the required second entrance. With sixty-five feet of fall from the northern property boundary (the parkway) to southern boundary (the stream), site planning utilizes retaining walls to achieve grades needed for buildings, roads, parking lots, and storm water ponds. Sand filters were incorporated into the design of storm water ponds to reduce pond size and associated impacts. While the use of retaining walls and sand filter storm ponds are able to protect the major tributary along the southern boundary of Parcel 5, these uses are not able to prevent or reduce the amount of impact to the two smaller tributaries within Parcel 5. ACQUIRED MASTER PLAN CUMULATIVE PERMANENT IMPACTS CUMULATIVE PERMANENT IMPACTS IMPACT#f IMPACT#f REASON TYPE LINEAR FT ACRES 1 Road Fill Stream 179 1 Road Fill Wetland 0.0950 2 Road Fill Stream 133 2 Road Fill Wetland 0.0480 4 Road Fill Stream 218 5 Road/Lot Fill Stream 304 5 Road/Lot Fill Wetland 0.0349 6 Road Fill Stream 92 6 Road Fill Wetland 0.0389 7 Road/Lot Fill Stream 299 7 Road/Lot Fill Wetland 0.0401 8 Road/Lot Fill Stream 1,644 8 Road/Lot Fill Wetland 107 0.0377 9 Lot Fill Stream 92 TOTAL STREAM IMPACT 2,782 TOTAL WETLANDS IMPACT 0.2597 The modified plan achieves avoidance and minimization of impacts by protecting major tributaries and significant wetland areas associated with those tributaries and also by the use of sand filters in storm water ponds to reduce overall size. Parcel 5 (Multi -family) - Impacts #7 and #8 During our meeting on January 25, 2017, we presented the reasons that additional avoidance and minimization was not feasible. Given its TOD-R zoning and steep topography, the fifteen -acre Parcel 5 targets multi -family use. The site's primary entrance will be located on the future Bryton Ridge Parkway west of the traffic circle. Due to steep topography and proximity to the traffic circle, the second point of ingress/egress required by Town of Huntersville for emergency responses (reflecting International Fire Code) must be located on Bryton Parkway south of the traffic circle. Proposed Impact #8 is necessary to facilitate connection to the required second entrance. With sixty-five feet of fall from the northern property boundary (the parkway) to southern boundary (the stream), site planning utilizes retaining walls to achieve grades needed for buildings, roads, parking lots, and storm water ponds. Sand filters were incorporated into the design of storm water ponds to reduce pond size and associated impacts. While the use of retaining walls and sand filter storm ponds are able to protect the major tributary along the southern boundary of Parcel 5, these uses are not able to prevent or reduce the amount of impact to the two smaller tributaries within Parcel 5. MODIFIED MASTER PLAN CUMULATIVE PERMANENT IMPACTS IMPACT#f REASON TYPE LINEAR FT ACRES 1 Road Fill Stream 179 1 Road Fill Wetland 0.0950 2 Road Fill Stream 133 2 Road Fill Wetland 0.0480 4 Road Fill Stream 41 5 Road/Lot Fill Stream 206 5 Road/Lot Fill Wetland 0.0349 6 Road Fill Stream 122 6 Road Fill Wetland 0.0040 7 Lot Fill Stream 122 8 Lot Fill Stream 401 NW Permit Road Fill Stream 107 TOTAL STREAM IMPACT 1,311 TOTAL WETLANDS IMPACT 0.1819 The modified plan achieves avoidance and minimization of impacts by protecting major tributaries and significant wetland areas associated with those tributaries and also by the use of sand filters in storm water ponds to reduce overall size. Parcel 5 (Multi -family) - Impacts #7 and #8 During our meeting on January 25, 2017, we presented the reasons that additional avoidance and minimization was not feasible. Given its TOD-R zoning and steep topography, the fifteen -acre Parcel 5 targets multi -family use. The site's primary entrance will be located on the future Bryton Ridge Parkway west of the traffic circle. Due to steep topography and proximity to the traffic circle, the second point of ingress/egress required by Town of Huntersville for emergency responses (reflecting International Fire Code) must be located on Bryton Parkway south of the traffic circle. Proposed Impact #8 is necessary to facilitate connection to the required second entrance. With sixty-five feet of fall from the northern property boundary (the parkway) to southern boundary (the stream), site planning utilizes retaining walls to achieve grades needed for buildings, roads, parking lots, and storm water ponds. Sand filters were incorporated into the design of storm water ponds to reduce pond size and associated impacts. While the use of retaining walls and sand filter storm ponds are able to protect the major tributary along the southern boundary of Parcel 5, these uses are not able to prevent or reduce the amount of impact to the two smaller tributaries within Parcel 5. LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC In addition to prohibiting the required second entrance, protecting any length of the two tributaries eliminates two apartment buildings (103 units). As discussed, this is not a feasible avoidance and minimization action as doing so would jeopardize compliance with zoning requirements and payment of county bond obligations. Under this significant decrease in unit count, Parcel 5 density would fall from 17.3 units/acre to 10.5 units/acre, well below the 15 units/acre minimum required by zoning. Also, the unit loss would decrease tax value by $8,900,000, which equates to approximately $100,000 in annual property taxes or 8.3% of the Property's $1.2 million bond payment obligation. Moreover, the resulting 158 unit count would be insufficient for sale as an apartment site. As evidenced in the table below, the market requires a yield of 225 — 400 units to make a new apartment complex financially viable. As unit counts in all Huntersville apartment complexes built in the last fifteen years fall in this range, so do the new complexes built in Cornelius, Concord, and other suburban markets in the Charlotte MSA. Huntersville, NC Apartment Complexes Built Since 2000 NAME PHONE BUILT UNITS STORIES Brookson 704-659-3411 2016 296 4 Silver Collection at the Park 704-464-4408 2015 332 3 Holly Crest 844-687-2516 2015 402 2, 3, 5 Waterford at the Park 866-702-0449 2014 226 3 Colonial Grande at Huntersville 855-249-9897 2007 248 3 Apartments at Birkdale 704-746-9841 2001 320 3 Redcliffe at Kenton Place 704-897-6992 2001 314 3 Bexley Commons at Rosedale 844-392-0661 2000 331 3 Sources: Apartments.com, ApartmentFinder.com, and ApartmentGuide.com During our meeting, we were asked about expanding the number of floors per building to compensate for the loss of buildings. As supported by the data in the table above, suburban apartment complexes are typically comprised of three story buildings. Our site plan consists of buildings that are 3/4 story splits to address falling topography. High rise apartment buildings are not economically feasible in Charlotte's suburban markets because the significantly higher construction costs (steel, deep foundations, and parking decks) cannot be offset by high lease rates achieved only in and around Uptown Charlotte. LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC In summary, physical constraints, town/county regulatory compliance, and economic parameters compel the tributary impacts we propose for Parcel 5. Single Family Parcel — Impacts #1 and #5 Impact #1 (179 linear feet of stream and 0.095 acres of wetland) is proposed for the purpose of constructing a street, storm water ponds, and single family detached lots. The driving factor of this proposed impact is the street, which will serve as a collector between the future thoroughfare Everett Keith Road and Highway 115. As part of our avoidance and minimization efforts, we carefully evaluated the alternative of making the street to the north the collector and placing a cul-de- sac on the currently proposed collector. The alternative collector would be a very straight route conducive to speeding and therefore a threat to pedestrian (walking to mail kiosks and pool amenity) and vehicular safety (backing out of driveways). In relation, Town of Huntersville does not allow four way traffic stops or speed bumps as traffic calming devices. In addition to considerable safety concerns, removing the planned collector would result in the loss of fifteen single family lots. The corresponding $4,875,000 reduction in estimated tax value equates to $54,600 in annual property taxes or 4.5% of the Property's $1.2 million annual payment obligation for county bonds. Additionally, a plan revision of this magnitude would require Sketch Plan approval by the Town of Huntersville — a seven month process that would further jeopardize county bond payments and place the Developer in default of its homebuilder contract for the underlying lots. Lastly, the lot reduction would reduce gross lot sales revenue by $1.25 million. The modified plan conserves the adjacent primary stream and related SWIM buffers. Also, the modified plan's use of retaining walls and sand filters in storm water ponds minimize environmental impacts. Alternatives to the proposed Impact #1 would threaten pedestrian/vehicular safety and/or jeopardize payment of county bond obligations. As another alternative, we analyzed what the impacts would be to the stream and wetland area at Impact #1 (Figure A) if the proposed street were constructed but lots bordering the stream were not constructed. Under this scenario, all of the wetland would still need to be filled and approximately sixty-three linear feet of stream (approximately 35% of the reach) could potentially be saved. However, this reach would be contained between two areas of fill, which could degrade the stream further. Additionally, the loss of five single family lots/homes and an estimated $1,625,000 in assessed value would equate to $18,200 in annual property taxes or .015% of the Property's annual payment obligation for county bonds. In summary, there is less environmental impact under this alternative scenario for Impact #1, however, the system would be in a compromised state and would retain minimal function. With this in mind, and 4 LOWRYS ENVIRONMENTAL & ECOLOGICAL SERVICES, LLC also taking into account the forfeiting of the property tax contribution of five lots/homes toward the Property's annual payment obligation for county bonds, the mitigated impacts, as designed in the modified plan, are justifiable. Impact #5 (206 linear feet of stream and 0.035 acres of wetland) is proposed for the purpose of constructing a street and single family lots. We briefly discussed the impacts associated with Impact #5 during our January 25th meeting and we were asked to review the potential for eliminating the two lots adjacent to the road at the head of the twin tributary (Figure B). According to our study, the wetland impact could be reduced by ±0.01 -acre and the stream impact could be reduced by 23 linear feet. These minor reductions in impact would result in the loss of three lots and an estimated $975,000 in assessed value, which equates to $10,920 in annual property taxes or .9% of the Property's annual payment obligation for county bonds. These two stream segments have seasonal flow (intermittent) and are of moderate quality based on NC SAM. Please note also that the remaining stream segment would be located between two areas of steep fill, which would probably degrade the reach even further. In summary, there is less environmental impact under this revised scenario, however, the systems would be in a compromised state and would only retain minimal function. With this in mind, and also taking into account the forfeiting of the property tax contribution of three lots/homes toward the Property's annual payment obligation for county bonds, the mitigated impacts, as designed in the modified plan, are justifiable. Should you have any questions or need any additional information, please do not hesitate contacting me at (803) 992-0910 or by email at ppetit og ut@gmail.com. Enclosures Sincerely, Lowrys Environmental & Ecological Services, LLC. S. Paul Petitgout President/Managing Mem er 5 -VIAPHIC SCALE 2v 56� J00, .............. .... liwdTtA OIRQA FOPOSEO d FILL (5TREAM) 3LF ObTi*Iks "M PRO ROAll FI (�T 38LF ........... PROF R*SI' D •---- - - - - - C\ .......... . .......... .. ... .. ........... ........ ................ AR0P0-8-E'DBMP PROPOSED MECKLENBURG COUNTY GREENWAY TRAIL ........... ! ! !' / ! .......... r RO,D ::...... .. .•%: '`.•'.'. `\`'., -'.. " ,... RETAINING WALL / ::. .. .. .......... \ #5B'IM.-p�C:T .`'•PRdPOSED LOTF / \ -• =\•'�7`:• PRF��'OSED LOT ) 395L:F ` �I, TLAND) TENTIAL / .•�.•'SAVE t73LF \•_ •,'r•� tee\.,. •:��.;.:•. IMPACTLO �•:: •. f / : : • / :\'•:: •: •.,.. ;� :.:•:.\ 'IhJPACT PROPO T / ? - z\ �•,:.,:�•: •• . \•, ' PLF Rd E6T_01'.ILL°°-`" STREAM t19 1 / ` • \\ : PilgPOSED LOTFILL / :(STdo REAM � 90 /. \.y ......... '.--"SCALE 11 ► 0 50 �//10Q•` 200 / ..,. / .r' :• / - -` 1 inch 100 ft. / ALTERNATE IMPACT #5 PLAN VIEW - PROPOSED LOT FILL Town of Hunters1vyto, Orth Carolina R. Joe Harris & Associates, Inc. Engineering •Planning •Management Drawn By. DBG I Date: 01-26-201 Rev.' IzrHmca.aynrl.eeuhe141,Pmt1NW.5C2A6 �>oozia�vi:��yem-oe� Engineer.- PLA9 I Scale: AS SHOWN Fi ure: