Regular Meeting
MINUTES
The Holly Springs
Town Council met in regular session on
Council Members Present: Councilmen
Council Members Absent: None.
Staff Members Present:
Carl G. Dean, town manager;
2 and 3. The pledge of allegiance was recited, and the
meeting opened with an invocation by Rev. Horace Ferguson, pastor of the
4. Agenda Adjustment: The
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5a. Public Hearing: Main
Street Square, 04-DP-03 - Mr.
Hammerbacher explained the development proposes construction of 72 multi-family dwelling units
located along the NC 55 Bypass and north of Somerset Farms Subdivision. The
units would range from one- to three-bedroom apartments located within three
separate buildings with no garages.
The plan also proposes the construction of a clubhouse with
a pool and fenced dog run, he said.
Mr. Hammerbacher reported that the project has had to
conform to the architectural standards set forth within the R-MF-15 zoning
district of the UDO, and that the development has been required to provide
certain amenities for the residents based upon the proposed building density.
Amenities include a multi-purpose clubhouse with a fitness center, game room,
community room, and business center.
Trish Curry of Bass, Nixon & Kennedy, Inc., the engineer
for this project, reviewed the parking, wetlands, density, Neuse River Buffer
requirements and open space issues to the Council.
Ms. Curry also
discussed with the Council members the location of the parking lot, pointing
out that it was farther from the building than what was desired. She mentioned the possibility of working with
town staff to bring the parking lot closer to the buildings and to relocate the
open space to another site other than the parking lot, as is illustrated on the
plan.
Ms Curry explained that the access would be a collector street
into the phases, and she reviewed the zoning uses of each phase.
Mr. Bobber said that while the UDO has certain
specifications for developed recreation open space to off-set increased density
and building height and this plan meets those requirements, staff has concerns
about the plan’s intent to use the parking lot island as developed recreation
space.
Mr. Hammerbacher said that the Planning Board reviewed the
proposal and recommends approval with conditions.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
After much discussion, the Council members suggested that the
engineers work with town staff to relocate the open space from the parking lot
and to reconfigure the parking lot, moving it closer to the buildings.
Action:
The Council approved a motion to approve Development Plan #04-DP-03 for
Main Street Square as submitted by Bass Nixon and Kennedy, Project Number
03852000, revision date
- Re-alignment
of the existing NCDOT access road into a smooth continuous public roadway
with Main Street/Old NC55, and improvements to a Town standard 35’
back-to-back curb-and-guttered roadway is required. Proposed road layout has been provided
to the Town and NCDOT; however we are still waiting for NCDOT’s comments
or approval of this alignment. Upon
approval by NCDOT, any changes will need to be reflected on a revised
drawing and submitted to the Town for approval.
- Prior
to building permit approval, a subdivision plan will need to be submitted
to the Town of Holly Springs, planning & zoning department for review
and approval and final plat recorded.
- Prior
to construction drawing submittal:
- Gravity
sewer line must be extended with this project to serve the property in
the northeast quadrant between the Bypass and
- Provide
documentation that a valid sewer easement exists on
- Add
new 10” downstream sewer line to tie to existing downstream 12” gravity
sewer line or provide sealed engineer’s report documenting that an 8”
gravity sewer line is sufficient.
- Show
flood plain limits. A flood study
to confirm those limits will be required to be submitted with first
construction drawing submittal
- With
the drainage calculations that are required at construction drawing
submittal, provide documentation that the proposed stormwater system is sized
to handle runoff from all upstream properties, including commercial
sites, in larger storm events.
- Prior
to construction drawing submittal/approval (as noted):
- Written
documentation of USACE to fill the pond will be required.
- Written
documentation of NCDWQ and USACE approval to encroach into wetlands will
be required.
- Provide
written documentation from DWQ of the limits of jurisdictional stream
(because the soils map shows streams extending into proposed construction
limits).
- Finalize
downstream sewer requirements via developer agreement.
- If a
Master Development Plan for phase II is not submitted prior to the final
certificate of occupancy, then along the easterly property line, a
perimeter landscape area must be provided in compliance with all
applicable UDO requirements.
- Should
phase II of the lot be subdivided, a perimeter landscape area must be
provided in compliance with all applicable UDO requirements.
- A
UDO permit for sign installation in addition to all other applicable
permits will need to be secured prior to sign installation.
- Per
previous review comments, the scope of required downstream sewer upgrades
will be covered in a Developer Agreement (including both a payment-in-lieu
of pump station and other developer agreement fees, and capacity of
gravity line immediately downstream of project) to be approved by Town
Council at a later date, prior to construction drawing submittal of plans.
- The
property must be annexed prior to issuance of building permits.
- Developer
will work with town staff to relocate the recreation open space area to
another location other than the parking lot for safety.
Motion
By: Pearson
Second
By: Dickson
Councilman Pearson made a motion to amend condition 9. to
state that the property must be annexed prior to construction drawing approval. The amendment was seconded by Councilman
Dickson.
Vote:
The motion, as
amended, carried following a 4-1 vote.
Councilmen Womble, VanFossen, Pearson and Dickson voted for the
motion. Councilman Atwell voted against.
5b.
Public Hearing: Annexation
Ordinance A04-12, Holly Pointe Phase 2 – Mr. Jones explained that the Town has received a
petition for voluntary annexation from Stephenson & Ward Realty and
Development to annex 50.34 -/+ acres located along Avent Ferry Road and known
as Holly Pointe, Phase 2. The petition
meets all the statutory requirements for annexation.
With
that explanation completed, Mayor Sears opened the public hearing to accept
input. The following comments were
recorded:
Lamar Bunn, a landscape architect and planner representing
L. Sterling Development and Finance Company and the property owner, Lance
Williams – Mr. Bunn
said that the property is south of the proposed Holly Pointe Phase 1
development, and he spoke in favor of the proposed annexation..
There being no further comments, the public hearing was
closed.
Action:
No action was taken.
5c.
Public Hearing: Holly Pointe Phase 2, 04-REZ-14 – Ms. Bobber explained that the
petitioner is requesting to change the zoning of 50.35 acres for the proposed
Holly Pointe Phase 2 subdivision from R-30 residential upon annexation to R-10 CU:
conditional use residential.
The property is located outside of the Town’s limits and
extraterritorial areas; however, a voluntary annexation petition is pending.
The proposed rezoning request is in full conformance with
the Land Use Element of the Comprehensive Growth Plan and is compatible with
the surrounding properties and uses, Ms. Bobber reported.
She added that
during review of the request, the petitioner offered six (6) conditions to
further restrict the uses and development standards for this property, should
the rezoning be approved. The conditions
are as follows:
1.
Should adjoining property owners desire
to connect greenway trails as part of development of their respective
properties to Holly Pointe’s greenway trails, mutual access agreement will be
amicably negotiated. The greenway trails
in the proposed subdivision are private greenway easements in favor of the
proposed Homeowner’s Association.
2. All residential dwellings shall be built on
block foundations. The foundations shall
be covered on all exterior sides by brick, stone, or similar material.
3. All residential dwellings shall provide garage
parking of sufficient size to accommodate at least two vehicles.
4. No residential dwelling shall have vinyl
siding as its primary exterior wall covering (primary meaning 75% of wall area
excluding doors, windows, etc.)
5. At least 50% of the single-family residences
on each new street shall have a covered porch of a minimum dimension of 4’
width and 7’ length.
6. Lots containing single family residences shall
not be mass graded. Excluding the clearing
necessary for public roads and public and private easements. No more than five contiguous single-family lots
shall be cleared or graded at one time without construction having commences on
such lots. Once footings have been
poured on a lot, construction on such will be considered commenced. Lots provided for multi-family units and
community amenities are excluded from this condition.
During the Planning Board meeting,
the petitioner offered additional language to #6 and an additional condition #7
in hopes that these modifications would resolve concerns that were expressed by
Planning Board members:
6.
(cont.) In addition, at time of submission for each building permit, the
builder will identify 40% of the trees starting 20’ behind the building façade
3” and greater and identify 40% of all such trees to be preserved.
7.
Developer will provide one street tree every 50 feet along all streets.
Ms. Bobber said despite these additional proposed conditions,
the Planning Board still recommends denial of the proposed rezoning, following
a
Ms. Bobber said this conditional use district would be tied
to R-10: residential base zoning, which means that the property would be
subject to the UDO district regulations for the R-10 zoning district plus any
supplementary development regulations agreed to or created by the petitioner as
specified. She said that additional
regulations cannot be added to the R-10 CU district by the Planning Board or
Town
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Joe Signoretti a representative of the Planning Board – Mr. Signoretti said that his
concerns were of protecting the environment, but other than that concern, he
was in favor of the rezoning.
Robert Blake of
Lamar Bunn, representing the property owner – Mr. Bunn said that the area would
be served by water and sewer, and the plan proposes to take two pump stations
off-line and to add a larger pump station to serve a larger area. He said that he would work with town staff and
under town guidelines.
Mr. Bunn added that the project is in compliance with the
town’s Ten-Year Comprehensive Growth Land Use Plan. He said the Town’s Technical Review Committee
has reviewed the plan and was in agreement with this development proposal.
Mr. Bunn said that
There being no further comments, the public hearing was
closed.
There was discussion among the Councilmen and staff regarding
the density between R-10 and R-15 zoning districts.
Mayor Sears asked Mr. Dean to comment on the Town’s plan for
road improvements to
Mr. Dean said that the Town is currently working on an
agreement with NC DOT to provide widening along
Councilman Atwell asked the Town Manager what was the Town’s
cost regarding the new pump station. Mr.
Dean reviewed the cost of the new pump station and noted that the station would
be discussed in detail under a new business agenda, the Holly Pointe developer
agreement.
Ms. Sudano said that approval of this project would take two
pump station off line, replacing two pump stations and adding additional pump
station in phase 2 of this project would serve more areas. The benefit, she said, would be less monthly
maintenance and cost, the town would save from $6,000 to $8,000 monthly for
treatment.
Mr. Dean said that the installation of the new pump station
would follow the new engineering regulations for enlarged pump stations.
After much discussion among the Councilmen, town staff and
the property owner about the correct language in condition #6 addressing
clear-cutting of the trees, Mr. Bunn said that he would be happy to work with
the Town Attorney to put in condition #6 the language that the Town prefers.
Lance Williams, the owner and developer of the property, said
he would complete a forest survey for the site and provide tree protection.
Action #1:
The Council approved a motion to adopt Annexation Ordinance A04-12 annexing
50.35 acres owned by Lance Williams and petitioned for annexation by Stephenson
& Ward Realty & Development Company, more particularly described as
Wake County Pin(s): 0638.04-73-1232, into the corporate limits of the Town of
Holly Springs and a motion to set the zoning, pursuant to the Unified Development
Ordinance, at Holly Springs R-30.
Motion
By: Pearson
Second
By: Womble
Vote: Unanimous
A copy of Annexation Ordinance
A04-12 is incorporated into these minutes as addendum pages.
Action
#2: The Council approved a motion to approve rezoning
petition #04-REZ-14 to change the zoning of Wake County PIN # 0638.04-73-1232
from R-30: Residential to R-10 CU: Residential Conditional Use District as
submitted by Lance Williams with the following conditions:
1. Should adjoining property owners
desire to connect greenway trails as part of development of their respective
properties to Holly Pointe’s greenway trails, mutual access agreement will be
amicably negotiated. The greenway trails
in the proposed subdivision are private greenway easements in favor of the
proposed Homeowner’s Association.
2. All residential dwellings shall
be built on block foundations. The
foundations shall be covered on all exterior sides by brick, stone, or similar
material.
3. All residential dwellings shall
provide garage parking of sufficient size to accommodate at least two vehicles.
4. No residential dwelling shall
have vinyl siding as its primary exterior wall covering (primary meaning 75% of
wall area excluding doors, windows, etc.)
5. At least 50% of the single-family
residences on each new street shall have a covered porch of a minimum dimension
of 4’ width and 7’ length.
6. Lots containing single family
residences shall not be mass graded.
Excluding the clearing necessary for public roads and public and private
easements. No more than five contiguous
single-family lots shall be cleared or graded at one time without construction
having commenced on such lots. Once
footings have been poured on a lot, construction on such will be considered
commenced. Lots provided for
multi-family units and community amenities are excluded from this condition. In addition, at time of submission for each
building permit, the builder will identify 40% of the trees starting 20’ behind
the building façade 3” and greater and identify 40% of all such trees to be
preserved.
7.
Developer will provide 1 street tree every 50’ along all streets.
Motion By:
Pearson
Second
By: Womble
Vote: Unanimous
5d. Public Hearing: Holly Pointe
Phase 2, 04-DP-05 Development Plan – Mr. Hammerbacher said this request is for consideration of
Holly Pointe, phase 2 04-DP-04 development plan. Mr. Hammerbacher explained that the UDO
provides an opportunity for flexibility in the design of residential/mixed use
developments through the utilization of the development incentives for
residential districts.
He said this
option in the UDO was designed to provide developers with an opportunity to be
more creative with their development without going through the planned unit development
process. The incentives allow for a
specified reduction in the minimum lot size, lot width, and the front and side
setbacks for the zoning district, provided that certain additional development
requirements and design features are furnished.
Such
development, he added, allows for a mixture of single-family, multifamily, and
nonresidential uses through the development plan review process. The proposed Holly Pointe phase 2 development
is being designed using development incentives for the proposed R-10
Conditional Use residentially zoned land off of
Mr. Hammerbacher said that after obtaining development plan
approval for the development incentives, a development plan for architectural
and site design review will be required for the multifamily residential
component within the subdivision and the recreation area since the specific
architectural and site layout information was not provided at this time.
Mr. Hammerbacher reviewed with the Councilmen the greenways.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Joe Signoretti of the Planning Board – Mr. Signoretti expressed that he
liked the layout of this project. He
said the developer is using builders of good quality, and he believes the developer
is good and would like to see him doing more development in
Lamar Bunn, representing the owner -- Mr. Bunn explained to the
Lance Williams, the developer – Mr. Williams said that the
greenways would be constructed on a lot-to-lot basis, would be safe for the environment
and would involve no heavy construction on these trails.
Robert Blake of
Councilman VanFossen explained that the over all density would
not increase when calculating the wetlands, open space and greenways in the
development.
There being no further comments, the public hearing was
closed.
Action #1:
The Council approved a motion to make and accept the following findings of fact to be recorded in the minutes
by the Deputy Town Clerk
for Development Plan Petition #04-DP-05 for Holly Pointe Phase 2 to allow for development
Incentives to be used in the R-10 residential zoning district as submitted by
Lance Williams, project number E04-046, dated revised November 12, 2004.
A
petition for Waiver of Regulations of UDO Section 2.04: R-10 Residential
District to allow for the use of Development Incentives have been adequately
satisfied and may only be granted
upon the presentation of sufficient evidence to enable a written determination
that:
1)
The use of area properties will not
be adversely affected.
2)
The proposed development will be in
compliance with the Minimum Development
Requirements set forth in UDO Section 2.09, B.
3)
The proposed development will be in
compliance with the provisions of UDO Section 2.09, C., 1.
4)
The proposed development will be in
compliance with the Additional Development
Requirements set forth in UDO Section 2.09, C., 2.
5)
The proposed development will be in
compliance with the applicable project
open space requirements
set forth in UDO Section 7.10 – Open Space Regulations of the UDO.
6)
The proposed development is
appropriate to the site and its surroundings.
7)
The proposed development is
consistent with the policy statements of the Comprehensive Plan.
8)
The proposed development is
consistent with the intent and purpose of this UDO.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Action #2:
The Council, having made findings of fact that the project meets the
requirements, approved a motion to grant a waiver of regulations of UDO Section
2.04: R-10 Residential District to allow for the use of development incentives
in the R-10 residential zoning district in conjunction with Development Plan
Petition #04-DP-05 for Holly Pointe phase 2 as submitted by Mr. Lance Williams,
project number E04-046, dated November 12, 2004.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Action #3:
The Council approved a motion to approve Development Plan #04-DP-05 for
Holly Pointe phase 2 as submitted by Mr. Lance Williams, project number
E04-046, dated revised
- Prior
to the issuance of building permits, the developer will meet with Planning
& Zoning staff to ensure that the provisions of §2.09, 2., d., (2),
(b), (i) Interior Streetscapes of the UDO, for the establishment of a
variable building line are provided for.
- Townhome
elevations shall be submitted for full development plan review, which
includes review by staff, a recommendation by the Planning Board, and
public hearing and final determination by the Town Council prior to
issuance of a UDO/Building Permit.
- The
future development of the recreation area involving placement of a
structure, or structures of any kind must be submitted for full review in
accordance with the UDO and the Development Procedures Manual for a
Development Plan.
- All
conditions established within conditional use rezoning request #04-REZ-14
shall be fulfilled.
- All
required design features as established within §2.09, 2., d., of the UDO
will be adhered to.
- Prior
to final plat approval,
- Payment
of fee-in-lieu of land dedication for Parks & Recreation must be
paid.
- Provide
covenants for review which establish Homeowner’s Association to cover
maintenance of private open spaces, streets, parking areas, lighting,
recreation areas, greenways, ponds, lakes, private sewer collection,
private drainage easements, etc. A
draft copy of the Homeowners Association Covenants is required prior to
the first Final Plat.
- If
pump station is relocated downstream off the site per the developer
agreement, then the property upon which the pump station was to be built
will become part of this phase project.
- Any
discharge for a new pump station must discharge at the Utley Creek WRF.
- With
the first submittal of construction drawing later in the review process:
- Provide
an indication of how storm drainage from upstream offsite areas will be
accommodated with this plan (this was an un-addressed comment).
- All
environmental permits for the entire project will be required to be
submitted. This should include a
wetlands map signed by USACE among other permits.
- Back
up documentation must be provided to the Town if the actual buffers
claimed in the field differ from the ones that are established from USGS
and Soils maps.
- Per
meeting on 11/1/04, once developer has obtained information on
jurisdictional environmental features and shown delineation by
environmental consultant and ACE, a meeting will need to be scheduled to
further discuss sewer design prior to finalizing sewer design and prior
to construction drawing submittal.
This is so that disturbance to required buffer areas with sewer
lines can be minimized.
- Provide
detailed sealed hydraulic analysis report documenting that sufficient
fire flow exists with the waterline shown in accordance with Town
standards.
f.
A flood study will be required to delineate flood plain on the
project.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
5e.
Public Hearing: Bass
Ms. Bobber
distributed a letter from
Ms. Bobber
said the petitioner has offered three (3) conditions to restrict the uses and
development standards for this property, should the rezoning be approved. The conditions are as follows:
1.
No slab on grade development shall be allowed.
2. The average lot size for the
development shall be no less than 11,000 sq. ft.
3. The minimum house price shall be
$245,000.
Ms. Bobber said this conditional use
district would be tied to a base zoning of R-10: Residential, which means that
the property would be subject to the UDO district regulations for the R-10
zoning district plus any supplementary development regulations agreed to or
created by the petitioner. She said that
additional regulations cannot be added to the R-10 CU district by
Councilman Dickson said that he was
concerned with condition #3, the minimum house price of $245,000. He asked if the Town could legally enforce
that condition.
Councilman VanFossen asked where was the land-locked
property located to which Mr. Sugg’s letter refers.
Councilman Pearson asked if the owner of the land-locked
property has an easement across the property in question of rezoning.
Ms. Goodson explained to the Council that the Sugg property
is located southeast of the subject property, and that the land-lock issue is
being worked out between the property owners.
Mr. Dean said that, in the future, applicants will be
required to petition the Town for annexation prior to submitting rezoning
petitions or development plans.
Mr. Schifano said that condition #3 would be considered
unenforceable and could be considered contract zoning.
Councilman Atwell asked if there was any discussions or
conditions to prohibit clear-cutting of the trees.
Ms. Bobber said that condition #1, no slab on grade
development shall be allowed, was intended to control the clear-cutting of the
property.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded:
Chuck Smith,
There being no further comments, the public hearing was
closed.
Joseph Fanjoy of the Planning Board addressed the Council,
saying that he had concerns with condition #3, which ties the cost of houses in
a rezoning petition in order to control the type of construction within an area. He said that there are other methods to
control the type of construction for the property.
Action:
The Council approved a motion to approve Rezoning Petition #04-REZ-15 to
change the zoning of Wake County PIN # 0659.04-50-6596 from R-20: residential
to R-10 CU: residential conditional use district as submitted by Charles Smith
with the following conditions:
1.
No slab on grade development shall be allowed.
2. The average lot size for the
development shall be no less than 11,000 sq. ft.
3. The minimum house price shall be
$245,000.
Motion
By: Dickson
Second
By: Atwell
Vote: Unanimous
Councilman VanFossen pointed out that there are drainage problems
on this site, which need to be addressed regarding run-off onto adjacent properties.
Heather Keefer of the Town’s engineering department has spoken
with the developer regarding the required drainage basin regulations.
Mr. Dean asked the Town Council to address the issue of the annexation
process to require an annexation petition to be submitted prior to submittals
or approval for rezoning petitions or development plans. Mr. Schifano said that the town would need to
approve a UDO ordinance amendment to that effect.
Mr. Dean said that until a written policy is in place, Town
staff will follow this procedure.
5f.
Public Hearing: 04-13, (04-UDO-04) Ordinance Amendment - Mr. Jones explained to the Town Council
that during the Technical Review Committee (TRC) meeting in September, the
committee discussed government uses as primary or special exception uses. He said upon the Committee’s review, staff
was directed to prepare an ordinance amendment that requires a special
exception permit for all governmental uses, including public libraries and
governmental offices.
He said with this change the public would
have an opportunity to be involved in the decision process through a public hearing.
The change is proposed to the commercial
and industrial districts in the UDO. Governmental
uses already are a special exception in residential districts, so no change is
proposed for those districts.
With that explanation completed, Mayor Sears opened the public
hearing to accept input. The following
comments were recorded: None.
There being no comments, the public hearing was closed.
Action:
The Council approved a motion to adopt
Ordinance 04-13 to approve and enact UDO Amendment #04-UDO-04 to add governmental
uses as special exception uses in commerical and industrial districts.
Motion
By: VanFossen
Second
By: Dickson
Vote: Unanimous
A copy of Ordinance 04-13,
(04-UDO-04) is incorporated into these minutes as addendum pages.
5g.
Public Hearing: 04-14, (04-UDO-05) Ordinance Amendment - Mr. Jones explained that at a
recent joint meeting between the Planning Board and the Town Council, there
were some concerns expressed regarding the text of Section 9.02 Panning Board
in the UDO. He said at the Technical
Review Committee (TRC) meeting in July, the committee discussed the role of the
Planning Board. Upon the Committee’s
review, staff was directed to revise or remove items in the UDO Section 9.02 as
it regards the Planning Board’s role.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action:
The Council approved a motion to adopt
Ordinance 04-14 to approve and enact UDO Amendment #04-UDO-05, Section 9.02.,C
and Section 9.02, F. modifing the duties and powers of the Planning Board.
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
A copy of Ordinance 04-14,
(04-UDO-05) is incorporated into these minutes as addendum pages.
At
this time, the Council removed Item 6e from the Consent Agenda in order to
amend the conditions of approval.
Action: The Town Council approved a motion
to allow the temporary closing of
1.
The
Town Manager may order the closing of the street at his discretion.
2.
The
developer of the construction site will make any repairs to
Motion By:
Pearson
Second By: Womble
Vote: Unanimous
6.
Consent Agenda: All remaining items
on the Consent Agenda were approved following a motion by Councilman Pearson, a
second by Councilman Atwell and a unanimous vote. The following actions were affected:
6b. Resolution 04-47 – The Council adopted Resolution 04-47, a reimbursement
resolution, providing the Town with the mechanism required to meet advance
expenses for the fire station project and then reimburse itself from loan
proceeds when obtained. A copy of Resolution 04-47 is
incorporated into these minutes as addendum pages.
6c. Time Warner Cable Television Audit – The Council agreed to enter into
a Memorandum of Understanding as modified by the Town Attorney with the
Triangle J
6d. Inter-local
Regional Wastewater Amendment – The Council approved an amendment to the inter-local
regional wastewater memorandum of understanding which modifies language related
to the land acquisition and revises the percentage participation calculation to
be more in
6e.
6f. Minutes - The minutes of the Board’s
special meeting held on
7a.
Clear-cutting and Buffering Legislation Process Presentation– Ms. Keefer explained to the
Council that as of
Action:
None.
7b.
New Community Recreation Facility Development Concepts – Mr. Bradley introduced Mr. Joe
Wynn with Heery International to present development concepts for a new
Community Recreation Facility.
Mr. Wynn explained that his company
focused, as directed by the Council, on the site of the existing
One of the problems with the
The concept featured an extensive
recreational center property with an estimated cost (with all concepts
included) $8.8 million.
Council directed that staff continue
with soil testing and further technical evaluations of the site as it relates
to the development concepts provided by the Heery firm.
Council also directed that staff
negotiate a facility design contract with Heery for consideration by the
Council and to begin thinking through various options and programs for funding
of the project.
Action:
None further after directions given.
8a.
Planning Board and Board of Adjustment Appointments - Ms. Bobber explained that at the Dec.
7 Town
She said the following positions remain to be
filled: One in-town alternate and one ETJ
alternate (if possible) to the Board of Adjustment for terms to expire
From an original list of more than
25 applicants, councilmen had narrowed their selections since Dec. 7 to their
top 10 candidates each for each
Mayor Sears said that the top five
Planning Board applicants were Frank Belote,
Councilman VanFossen said he was
comfortable with the two top nominations.
Action
#1: The
Council appointed the top two nominations received from council members, Frank
Belote,
Motion
By: VanFossen
Second
By: Womble
In discussion, Councilman Dickson said he had reservations about one
of the two top nominations, Lisa Martin, who works with the Raleigh
Homebuilders Association.
Councilman VanFossen said he did not
have a problem with Ms. Martin’s position and added that she is of the caliber
that she would recuse herself if there were a conflict of interest.
Councilman Atwell said he would like
to have more information and had been under the impression that the Council
intended to schedule the top nominees to appear before the Council for
interviews.
Councilman Pearson pointed out that
the Planning Board is an advisory board and does not serve in a decision-making
role, so that may alleviate any misgivings about Ms. Martin’s employment.
Vote: The motion carried, 3-2. Councilmen Pearson, VanFossen and Womble
voted for the motion. Councilmen Atwell
and Dickson voted against.
Councilmen Atwell and Dickson both
stressed that they had no reservations about Ms. Martin personally, her
abilities or her past 12 years experience on the Planning Board. They are just hesitant about her employment position.
Mayor Sears reported that the two
Board of Adjustment applicants who received the highest common marks from
council members were in-town applicants Cindy Gibbons,
Action #2: The Council appointed the top nomination
received from councilmen, Cindy Gibbons,
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
8b.
Mr. Green said the Chamber is requesting $15,000
at this time and then an additional $15,000 toward publication of a membership
directory in early spring. He said the
Chamber also desires some indication from the Council that the Chamber will be
supported in future budget years through a separate line item so that it can
formulate its own budget accordingly.
In agenda packets, it was reported that following
grant awards to other agencies in the Fall, there is $21,250 remaining in the
Special Programs Contributions line item.
Some agencies are anticipating a round of grants to perhaps be awarded
in the Spring. Any funding for the Chamber
in this budget year would have to come from this line item, unless the budget
is adjusted.
Action: The Council approved a motion to grant $15,000
to the Holly Springs Chamber of Commerce from the Special Programs Contribution
line item in FY 2004-05 and $15,000 for assistance in publication of its
membership directory, to be paid to the Chamber after July 1, 2005 from the
Town’s FY 2005-06 budget; and for the Chamber to be included for additional
funding as a line item in future town budgets.
Motion By: Pearson
Second
By: Womble
Vote: Unanimous
At this time, Councilman Womble
asked to be excused for a few moments. A
quorum of the Council was still present.
9a.
Fire Station Construction Bid
Award – Mr. Charles Todd of Little Diversified Architectural Consultants
provided the Council with a bid tabulation of firms bidding on the job of
building a new fire station for the Town.
He reported that sealed bids were opened at
Mr. Todd advised that the apparent low bid was provided by
George Raper and Sons Inc. and, following a check of references, he recommended
the Council award the bid.
Council members remarked on how the bids in this round came
in about $100,000 lower than in the original bidding.
Mr. Dean said after the Council awards the bid, negotiations
should be initiated in order to value engineer the project in order to get it
within the $2 million project budget range.
Action: The Council approved a motion to award the
bid for construction of the Holly Springs Fire Station project to apparent low
bidder George Raper and Sons Inc. in the amount of $2,395,000, subject to Local
Government Commission approval of financing, and to authorize staff to begin
negotiations with the firm to value engineer the plans in order to get the cost
down to budget.
Motion: VanFossen
Second: Atwell
Vote: Unanimous
A
copy of fire station project bid tabulation sheet is incorporated into these
minutes as an addendum page.
9b.
Holly Pointe Phase 1, 04-MAS-07
Master Plan – Mr. Hammerbacher said the request is for approval of a plan that
proposes a subdivision containing approximately 24 acres into 69 residential
lots. He said the lot sizes range from 10,009 square feet for the smallest lot
and 23,640 square feet for the largest lot.
Mr. Hammerbacher explained that if the pump station is
constructed as a part of this project (Holly Pointe Phase 1), then a sewer
study needs to be completed. Also, in
addition, the pump station discharge would be required to be at the Utley Creek
WRF. Mr. Hammerbacher said that if the
pump station is removed from this project (and provided in Holly Pointe Phase
2), then the pump station site would become part of that project.
Action
: The Council approved a motion to approve
Subdivision Plan Petition 04-MAS-07 for Holly Pointe Phase 1 as submitted by
Mr. Lance Williams of L. Sterling Dev. & Finance, Inc., Project Number
E-04-046, Revised
- A
UDO for sign installation in addition to all other applicable permits will
need to be secured prior to sign installation.
- Prior
to Final Plat approval, fees in lieu of park land dedication must be paid
to the Department of Parks & Recreation at a rate of $846 per lot.
- If pump
station is constructed as a part of this project (Holly Pointe Phase 1)
then:
- A
sewer study will need to be provided
- Pump
station will be required to discharge at Utley Creek WRF
Motion: VanFossen
Second: TAPE
Vote: Unanimous
At this time, Councilman Womble was
readmitted into the meeting.
9c.
Mr. Hammerbacher said that no alterations are proposed for
the exterior of the building. The building would be required to connect to Town
water, but it would not be required to connect to the Town’s sewer system. The
site currently has two driveways, and staff recommends that the northernmost
driveway be eliminated prior to the issuance of a Certificate of Occupancy for
the facility.
In agenda packets, Mr. Hammerbacher had
reminded Council members of comments from citizens at a public hearing on the
rezoning request for the subject property:
- At
the public hearing for the rezoning request, citizens expressed a concern
that headlights from the office building may spill onto their properties.
- At
the public hearing for the rezoning request, citizens expressed a concern
that the proposed additional parking areas may negatively cause drainage
problems in the vicinity.
Drainage
calculations were provided to Town staff on November 30, which reflect site
improvements (but not road widening).
Those calculations show a 4% increase in stormwater volume being
released from the site in a 100-year storm event. This is a minimal increase; however, staff
recommends that if road widening storm drainage is sent to this same area
(after it is designed), new calculations be required.
- Some
neighbors expressed concern over not requiring connection of the building
to the downstream public sewer, and related concerns over adequacy of the
septic tank capacity and negative impact that could cause downstream.
The information provided by the resident who
questioned this indicated that the existing building had been expanded since
Wake County originally approved it with its existing well and septic system –
from approximately 2,000 square feet to approximately 4,000 square feet.
Staff investigated this issue with
However, to be on the safe side, staff’s
recommendation is to permit the site to stay connected to the existing septic
system only if the developer provides a “re-certification” from
- Citizens
also expressed questions about how realistic is it to expect that
Staff followed up with Mr. McIntyre, who
confirmed the following. When he said
there was no plan to widen the road, Mr. McIntyre was referring to NCDOT’s
funded list of projects (which
There is not enough money for NCDOT to fund all needed projects;
however, Sunset Lake Road is shown on both the Town of Holly Springs, Town of
Apex, and Town of Fuquay-Varina local thoroughfare plans as four lane
median-divided (and in some areas six lane median-divided). The
Just because the project has not yet been
funded to widen this roadway does not mean that it won’t be widened in the
future to its ultimate thoroughfare width.
Staff’s recommendation remains to go ahead an
install widening at this location, based upon the other road improvements
projects that are already planned in proximity to this project.
During discussion, Council members
expressed concern that the facility might remain on a septic system.
Another
discussion topic centered on the slight increase (4%) in stormwater runoff from
the site, not including a calculation for the effect road widening on
Randy
Miller, representing the petitioner, addressed the Council to address both
issues.
He
said access across the neighboring church property in order to access public
sewer seems unlikely since the church was not amenable to the project’s simply
having a shared driveway.
He
said the project would be well below the amount of flow the septic tank was
designed for since it would be only for office use.
Road
widening, he said, would most likely have no appreciable effect on stormwater
runoff, given the grade.
Councilman
VanFossen asked if provisions were made to address concerns about car headlights.
The
plan shows fast-growing parking lot vegetation screening.
Councilman
Atwell asked if minimal runoff would be flowing toward Mr. Thornton’s
property. Mr. Miller said flow would be
a sheet flow toward the
Councilman
Atwell said he concedes that flow into the septic tank would probably be less
than for a household, but he is concerned about the precedent that would be
set. He said he would like the applicant
to try harder to communicate with the church for permission to cross its
property in order to access public sewer.
Councilman
VanFossen said he would like to see a valiant effort made to connect to public
sewer and calculations on septic tank flow.
Action:
The Council approved a motion to defer action on this topic until the
applicant can report on further efforts to gain permission to cross the
property of
Motion By: Atwell
Second By: Womble
Vote:
Unanimous.
9d.
Holly Pointe Development
Agreement Terms – Ms. Sudano
explained that the Holly Pointe development, as originally proposed, would have
required the addition of a new pumping station just upstream from where long
range sewer planning documents indicate that an interim regional pump station
needs to be located.
The proximity of the proposed
station to the larger station, and the increased interest in development in
this quadrant of Town, led town staff to explore with the developer of Holly
Pointe the possibility of enlarging and moving downstream the pump station, and
constructing it in such a manner to meet needs in this area for at least 10
years without further upgrades (the estimated time frame before the station
would once again have to move downstream to pick up more area as development
progresses downstream).
She also provided information to the
Council as to the pros and cons of regional pump stations versus multiple
smaller pump stations in terms of operation and maintenance costs.
Ms. Sudano outlined for the Council details
of this proposal:
The proposed Holly Pointe Development, along with the
existing Braxton Village Pump Station, is tributary to a location that has been
identified for some time as a future Interim Regional Pump Station site in
accordance with the Town’s Master Sewer Plan.
For the development of Holly Pointe – both Phases 1 and 2 – to occur, a
new pump station would be required at the western boundary of the project
limits. By extending gravity sewer
further down the creek, and by installing gravity sewer to take the Braxton
Village Pump Station off line, one new “regional” pump station could serve both
existing and new developments.
The new station would also serve future undeveloped area on
the north side of
The project needed to create this
regional pump station would include four components, in two phases, as
described under Proposed Wastewater Improvements below.
- Proposed
Regional Wastewater Improvements
- Phase
1
- Projects
A & C: Regional pump station,
force main, and gravity sewer to
- Project
B: Gravity sewer from Holly
Pointe to new regional station – included estimated cost $80,000.
- Phase
2
- Project
D: Parallel existing force main
with larger force main to Utley WRF – estimated cost $695,000.
The Engineering Director and the
Town Manager have worked with the developer of the Holly Pointe development on
some possible terms of a developer agreement that would have the developer
participating in a portion of the above projects based upon what would be
needed for his development. In addition,
in accordance with Town policy, the developer would be entering into a
developer agreement with the Town for two other improvements – waterline and
road widening (projects E and F, respectively).
The proposed terms of the developer’s participation in all of these
projects is described below:
- Project
A & C: Developer to pay
contribution towards new pump station project equivalent to what the cost
would have been for him to install a pump station and force main to serve
his developments – estimated $388,988.
Developer’s prepayment of development fees to help offset some of
offset costs;
- Project
B: Developer to construct project,
which consists of offsite improvements, and to receive development fee
credits for total cost of project;
- Project
D: No developer participation,
except for Developer’s prepayment of development fees to help offset some
of up front costs;
- Project
E: Developer will widen
- Project
F: Developer will install a 12”
waterline along
Ms. Sudano reviewed with the Council
the following proposed terms of a developer agreement to allow development to
proceed in this area of town:
- The
developer would prepay sewer and water and sewer capacity replacement fees
for the residential tract in the amount of $340,000 ($5,000 x 68 units),
with prepayment to be due
- All
other development fees would be paid when due, except for those credited
as outlined in the agreement.
- The developer
would design, construct, permit Project B, including offsite gravity lines
to connect Holly Pointe project to the new regional pump station. The
Town would secure necessary off-site easements for this project.
- The
Town would design, acquire easements, permit, and construct Projects A, C,
and D or some alternative in order
to provide necessary sewer service for the Holly Pointe development
project for units to come on line by April 1, 2006.
- The
Town shall make every effort to have construction of the pump station and
any other needed improvements to provide sewer service to the development
on or before
- The
Town will credit the developer with the development fees that are
“prepaid” at the time the fee normally becomes due in the development
process.
- In
addition to regular development fees, developer will pay a contribution of
$388,988 to the Town towards construction of the pump station.
- Units
will be issued Certificates of Occupancy, or “come on line” in accordance
with an approved development schedule to be provided by the developer,
showing the first Certificate of Occupancy after
- Developer
will attempt to secure approval to include 90 lots in phase 1 of his
development, and if so will increase prepaid fees to the Town by 22 lots
of acreage and capacity replacement fees.
She said that if the Town Council approves of both the
developments and the proposed terms of this agreement, the Director will work
with the Town Attorney to have the agreement crafted and will return the final
document to the Town Council for final approval.
Ms.
Sudano said that Town funds will be needed to pay for a substantial amount of
the project; however, those will be returned with development fees collected as
a result of growth that is permitted to occur in the basin. Also if this project is approved, staff will
recommend a special "fee in lieu" of sewer improvements to apply to
any projects that use the new pump station - this fee will be in addition to
normal development fees, and will help recoup expenditure on the pump station
more quickly. This type of fee is
already in place upstream of other recently constructed pump stations in town.
Action: The Council approved a motion to approve the
main points as listed above to serve as the basis for a developer agreement
with the developer of this project for final approval by the Council in January.
Motion: Womble
Second: VanFossen
Vote: Unanimous
9e.
Middle Creek Crossing Evaluations
– Ms. Sudano said that on the Town's
long-range Thoroughfare Plan, there are three potential Middle Creek crossing
locations; however, one has been eliminated over environmental concerns,
leaving two potential crossing sites. She
said staff recommends the Town undertake preliminary engineering work to
determine whether or not the two remaining crossings are still viable and how
much they would cost.
She
noted that this issue is coming up now since development in this area has
finally reached close to the two locations.
Ms. Sudano said that with approval of the
engineering services contract with Withers & Ravenel, Inc. in the amount of
$13,000, an hydraulic analysis of the two crossings, which are FEMA regulated
streams, would be provided. She said once
this work is completed, a request will be made for preliminary structural work
by another consultant to determine approximate costs of the crossings.
Action
: The Council approved a motion to
enter a professional services agreement with Withers & Ravenel, Inc. in the
amount of $13,000 for crossing evaluations on Middle Creek.
Motion: Pearson
Second: VanFossen
Vote: Unanimous
A
copy of the Withers & Ravenel, Inc. contract is incorporated into these minutes
as addendum pages.
10. Public Comment:
At this time, an opportunity was provided for members of the audience who had
registered to speak to address the Council on any variety of topics not listed
on the night’s agenda. The following
citizens were heard: None.
11. Other
Business: The Council members received in their agenda packets a
report from Mr. Dean and Mr. Holland of the monthly budget amendments from Nov.
1 to
Councilman Pearson reported that he would not be present at
the Council’s Jan. 4 meeting.
Councilman Womble asked about the
status of
Ms. Powell asked Council members to
nail down dates for its winter retreat in January. She reported that Pine Needles Lodge was available
for Jan. 28-30. Council members agreed
to those dates.
12. Manager’s Report: Mr. Dean simply said, “Merry Christmas.”
13. Closed Session: None
14. Adjournment: There
being no further business for the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these minutes follow and are a part of the official record