October 7, 2009

CCR Properties
201 Evans Estates Drive
Cary, NC 27513

RE: Project: Bailey's Creek Subdivision
Project Number: 08-SB-011
Wake County Real ID Number(s): 0021244

Dear Sir or Madame:

The purpose of this letter is to advise that on September 16, 2009, the Planning Director, upon recommendation of the Development Review Committee (DRC), denied the Bailey’s Creek Subdivision plan (08-SB-011). The DRC met to consider the plans for the proposed Bailey’s Creek Subdivision and determined that the plan failed to adequately address comments relating to Land Development Ordinance (LDO) Sections 7.10.3(A) - Street Connectivity, and 7.10.3(B) - Street Arrangement, as stated in the second round of review comments provided in April of 2009.

Your request for consideration of a waiver from the requirements of LDO Sections 7.10.3(A) and 7.10.3(B) was reviewed by the Planning Director. The request was denied based on a determination made by the DRC that the public benefits of providing the roadway connections outweigh the additional clearing, grading and expense incurred in making the roadway connections.

The relevant LDO sections are summarized below:

1. 7.10.3 (A) Street Connectivity: The LDO requires a street connectivity index (ratio of street links to street nodes) of 1.2 or greater unless otherwise approved by the Planning Director. The Bailey’s Creek Subdivision plan proposes a connectivity index of 1. The requested reduction in the street connectivity index was not approved because the proposed plans for the Bailey’s Creek Subdivision do not adequately address the requirements of LDO 7.10.3(B).
2. 7.10.3 (B) Street Arrangement: The LDO requires vehicular connections from a property to adjoining properties to the north, south, east, and west. While the DRC recognizes that connectivity to the north and east are impeded by the existing development patterns and topographical features, the Planning Director and the DRC did not approve your request to eliminate the required connectivity to the existing right-of-way for Bailey Park Lane. The Planning Director and DRC determined that the public benefit of providing the required street connections outweigh the clearing, grading and additional expense incurred in making the required street connections.

According to LDO Section 3.9.2(G)(4), you may appeal to the Cary Town Council the Planning Director’s decision to deny your plan. Any appeal must be submitted, in writing, to the Planning Department within ten (10) days of the date of this letter. Upon receipt, staff will schedule the appeal to be heard by the Town Council at a future meeting. Town Council may elect to affirm, reverse, or modify the Planning Director’s decision or may elect to send the plan to the Planning and Zoning Board for a recommendation.

Be advised that according to LDO Section 3.9.2(L), when a plan application has been denied by the Town Council or the Planning Director, no plan application covering the same property with similar land use shall be accepted or considered within 12 months after the date of the denial. However, this waiting period for submittal of a development plan may be waived for good cause shown, by the affirmative vote of three-fourths of the members of the Town Council. Such request should be made in writing, with appropriate justification, to the Cary Planning Department.

If you should have any questions or require further information pertaining to this letter, please do not hesitate to give me a call at (919) 462-3944.

Sincerely,

Kevin A. Hales
Senior Planner

cc:    Wayne Nicholas, Planning Manager
        Bob Benfield, Principal Planner
        File
        Jerry Turner & Associates
        Attn: William Hood
        905 Jones Franklin Road
        Raleigh, NC 27606