3/16/04 Meeting Minutes, Town of Holly Springs

She said that the proposed rezoning is located within an area that is designated as a Neighborhood Village District (NVD) Activity Node in the Town’s 10‑Year Comprehensive Growth Plan.

Ms. Bailey advised that the R‑MF‑8 zoning classification would permit high‑density residential uses. She said that the Neighborhood Village district does allow for townhouses, but the regulations would be more in keeping with the intent of the activity node and the nature of the adjacent neighborhood.

Ms. Bailey said staff recommends denial of the zoning map petition.

The Planning Board’s recommendation to the Town Board, she reported, is to approve the rezoning petition.

Mayor Sears asked Ms. Bailey for clarification if it was true that NV zones allow for business/office uses and R-8-MF does not. She said yes.

Commissioner Atwell asked for clarification on required plantings in both districts.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded:

Ted Himes, 309 Holly Branch Drive – Mr. Himes said he and his neighbors are in favor of the rezoning request. He said he feels D.R. Horton Homes would provide quality construction, and he did not feel a business strip would benefit anyone. He said it would not fit into the character of the subdivision.

Bob Blake, 321 Sycamore Creek Drive – Mr. Blake said he is opposed to the rezoning request. He said the rezoning would increase the density on the buildable land; reduce the aesthetic appearance and quality of what is to be built; and reduce the dollar value of what is to be sold. He said he felt the Horton developer was not a quality builder who would provide lower value homes and cut down all the trees.

He said this parcel should be reserved for higher priced homes.

There being no further comments, the public hearing was closed.

Commissioner Atwell asked if business uses were allowed in other zones. Ms. Bailey said yes, but that NV was the least intense non-residential zone. She said it is a very restrictive type of non-residential zoning.

Mayor Sears invited Tom Spaulding of Spaulding and Norris to address the Board.

Mr. Spaulding explained that developer believes it would be actually down-zoning by requesting the R-8-MF zoning to reduce traffic and lighting. He said the developer would observe stricter buffer yards and limit the number of units per acre if the Board so chose.

Commissioner Atwell said he appreciated the offer to increase buffers and observing a stricter density. He said his concern, too, is the building material. He asked if the developer kept the NV zoning, would he would a brick exterior.

Mr. Spaulding responded that the driving force of the request involves building materials. He said vinyl siding is not allowed at all in a NV district, and the developer would like to use vinyl siding.

Ms. Bailey advised the Board could not take into consideration the developer’s offers to increase buffers and control density because the petition is a straight rezoning request. She pointed out, however, that the architectural waivers available in the UDO would provide the developer the opportunity to vary the exterior building materials in the NV district.

Commissioner VanFossen asked about the model homes that were discussed in the recent rezoning of the property.

Mr. Spaulding said it was his understanding that the model homes were going to built and he deferred to Mr. Britt Spivey of D.R. Horton Homes for further explanation.

Mr. Spivey explained that at the time of the rezoning, the plan was to provide two models on those lots. He said his company decided, instead, to provide a sales information center rather than models that may not represent a particular housing stock. He said the information center would be an attractive sales office with a porch and cedar siding.

Commissioner VanFossen asked for the audience to respond to whether the current NV zone would be preferable to R-8-MF. An audience show of hands indicated that NV would be more preferable.

Mr. Joe Fanjoy reported from the Planning Board that the R-MF-8 was approved because a majority of the members agreed with the developer that there is a need for maintenance-free townhomes appropriately priced for retirees. He reported that the planning board motion to recommend approval of the rezoning request carried following a 5-2 vote.

Commissioner Atwell said he felt NV was more in keeping with the subdivision.

Action: The Board approved a motion to deny zoning petition 03-REZ-14 to rezone 7.86 acres of land at the intersection of Avent Ferry Road and Holly Meadow Drive from NV: Neighborhood Village district to R-MF-8: Multifamily Residential.

Motion By: Atwell

Second By: Dickson

In discussion, Commissioner VanFossen stressed that he would be voting against the request because the developer has the waiver opportunity afforded by the UDO, and he suggested that the developer pursue this option.

Vote: Unanimous

5b. Public Hearing: Ordinance 04-04 UDO Amendment - Ms. Sudano explained that staff is proposing an amendment to the Unified Development Ordinance (UDO) as a result of several requests made by developers for the Town to reconsider its requirement for performance bonds to be in the amount of one‑hundred and fifty percent (150%) of construction cost. She explained that the percentage change was made to the Town’s old development ordinance with the adoption of the UDO in November 2002.

Ms. Sudano said the UDO contains provisions that require a developer to complete public infrastructure (water, sewer, storm drainage, roadways, street trees and other required infrastructure) prior to the recordation of a final plat and issuance of a Certificate of Occupancy for a site. She said the UDO also provides language which permits a developer to post security (with the director of engineering’s approval, or other department head in the case of landscaping or greenways) for the completion of a portion of the infrastructure.

Ms. Sudano explained that posting this bond is not a requirement for any part of infrastructure except for the final inch of asphalt in subdivisions. Most developers post completion bonds for more items than this to allow them to file a final plat (which allows them to sell houses). She said the completion bond is an optional tool for developers to use to assist them in beginning to sell homes faster.

Ms. Sudano said that after research, staff recommends that UDO Section 9.05, B., UDO Permit and Development Petition Requirements and Procedures, 5., c., (2) Performance Bonds, be changed to modify the amount of performance bonding required from one‑hundred and fifty (150) percent to one‑hundred and twenty‑five (125) percent of cost.

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 Board approved a motion to adopt Ordinance 04-04, (04‑UDO‑01) to amend Section 9.05, B., UDO Permit and Development Petition Requirements and Procedures, 5., c., (2) Performance Bonds, changing the amount of performance bonding required from one‑hundred and fifty (150) percent to one‑hundred and twenty‑five (125) percent of cost.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

A copy of Ordinance 04-04 is incorporated into these minutes as addendum pages.

5c. Joint Public Hearing: Sunset Ridge North II PUD Amendment 00-PUD-01-A02 - Ms. Bailey said the subject request is to amend the Sunset Ridge North II Planned Unit Development (PUD) by modifying the proposed road layout and adding two (2) acres of land from the Rhamkatte Village PUD to the already-approved 225‑acre development. She said the maximum number of allowable units also is being modified from 780 to 790; however, the number of proposed units would remain 535.

Ms. Bailey explained that when land is added to a previously‑approved PUD, it is considered to be a major amendment and must go through the full PUD review process, which includes a recommendation from the Planning Board and final action by the Town Board. With that explanation completed, Mayor Sears opened the joint public hearing of the town board and planning board to accept input. The following comments were recorded: None.

There being no comments, the public hearing was closed.

Action: The Board approved a motion to forward the application for Sunset Ridge North II PUD Amendment #00‑PUD‑01‑A02 to the Planning Board for review and recommendation.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

6. Consent Agenda: All items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote. The following actions were affected:

5a. Resolution 04-11 - The Board adopted Resolution 04‑11 authorizing the Town Clerk to investigate the sufficiency of Annexation Petition A04‑04 and setting a public hearing on the question of annexation for April 6, 2004. A copy of Resolution 04-11 is incorporated into these minutes as an addendum page.

5b. Budget Amendment, $2,000 ‑ The Board adopted an amendment to the FY 2003‑04 budget in the amount of $2,000 to appropriate substance abuse tax distribution funds to cover additional K‑9 program expenditures. A copy of the budget amendment is incorporated into these minutes as an addendum page.

5c. Fixed Assets of $5,000 - The Board increased the fixed asset limit to $5,000 for financial statement purposes. For purchasing, the amount remains at $1,000.

5d. Resolution 04-12 - The Board adopted Resolution 04‑12 amending the Development Procedures Manual, Section 8.01. A copy of Resolution 04-12 is incorporated into these minutes as addendum pages.

5e. Budget Amendment, $10,000 ‑ The Board adopted an amendment to the FY 2003‑04 budget in the amount of $10,000 to replenish the Special Programs Contribution line item after the purchase of Chamber directories. A copy of the budget amendment is incorporated into these minutes as an addendum page.

5f. Minutes ‑ The minutes of the Board’s regular meeting held March 2, 2004 were approved.

7a. Womble Park Equipment Contribution - Mr. Bradley explained to the Board that the town has received a proposal from a group of citizens headed up by Mr. George McGuire, who proposes to build batting cages at Womble Park. He said the group would like to contribute its time, labor and money to the project. In return, the group requests that the Town match its contributions of approximately $1,200. The Town, Mr. Bradley said, would own and manage the batting cages.

Mr. McGuire addressed the Board explaining how the idea for batting cages came about. He said parents believe the batting cages would be a good way of increasing practice opportunities for players. He and other parents have researched construction materials and have raised more than enough for one batting cage ($1,700).

Commissioner Taylor suggested that staff obtain a quote for a turnkey job.

Action: The Board approved a motion to amend the Womble Park Master Plan to include batting cages and to accept the terms of the proposal, including the commitment of $1,200 in matching town funds.

Motion By: Womble

Second By: Atwell

Commissioners expressed their appreciation for the work and the attitude of the citizens in working with the town.

Vote: Unanimous

7b. Return on Investment, Parks & Recreation Proposal - Resident Mr. Pat Anderson addressed the Board, explaining his proposal that the Town Parks and Recreation Department be directed to plan and fund its facilities and programs based on a positive return on investment principle. Using props, Mr. Anderson illustrated his thoughts that more funds should be spent on the programs with the largest number of participants and less funds on those that have lesser number of participants.

In discussion, board members expressed that they did not feel the Town’s return on investment in parks and recreation could be measured. They also agreed that spending funds on programs based on the numbers of participants was not appropriate since some sports cost more to provide. In example, commissioners discussed, although soccer may have the highest enrollment rate, it is the cheapest program to offer when compared to other programs that require more expensive equipment, playing fields and uniforms.

The theory should be, they agreed, that parks planning and funding should be based on providing a wide variety of programs that meet the recreational needs of a variety of people with a variety of interests. This would result in a well-rounded public parks and recreation program that has something to offer everyone .

Board members also expressed that a financial return-on-investment is not an objective of the Town. An improved quality of life, however, is. That benefit is not measurable, they said.

Commissioner Taylor asked if anyone had considered the fact that even more athletic facilities will be made available to the town via joint use agreements with Wake County Public School System. Mr. Dean said yes, the Town will increase its lighted facilities with joint use agreements with the future high school and Holly Springs Elementary School.

Commissioners said they could not support the proposal.

Action: Having determined that the return on investment of a public parks agency is immeasurable, the Board approved a motion to direct staff to continue its current policy of planning and funding of future parks, recreation facilities, properties and programs, which is based upon a quality of life in Holly Springs that meets a wide variety of public recreational needs and interests.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

7c. Parks and Advisory Committee Facilities and Programs Survey - Ms. Patty Glembocki, chairman of the Holly Springs Parks and Recreation Advisory Committee, reviewed with the Board her committee’s analysis of a recent citizen survey.

The survey showed an overwhelming desire for greenway trails. Seventy‑seven percent of the respondents indicated that the most important benefit provided by the Parks and Recreation Department is the accessible places to enjoy nature. However, 83% indicated that they traveled to their leisure activity by car and 91% indicated a need for greenways in Holly Springs.

A high number of respondents indicated they and their family members walk or hike in various places for their leisure. Almost one‑fourth of the respondents ranked greenway trails as the highest priority for their households, far higher than any other type of recreation facility. Also, it should be noted, she added, that 20 individuals took the time to specify the need for greenways and bike trails in the comment section of the survey.

In response, the Parks and Recreation Committee recommends that a map be created to detail the current and proposed greenways and trails in Holly Springs. The committee recommends that the map be published and made available to the public to demonstrate to residents the commitment the town has to greenways.

Also, Ms. Glembocki said, there is an existing plan to construct a walking loop around Womble Park in the next three years. The Parks and Recreation Committee would recommend that the town investigate finishing the walking loop ahead of the current schedule in order to meet the residents needs for leisure walking.

Community Center with a Gymnasium and Pool – Ms. Glembocki reported that there were strong indications throughout the survey for the town to pursue an aquatic and health or sports facility. Thirty‑three percent of the respondents said they would use an indoor pool more than once a week. Another 23% said they would use a pool more than once a month, she added.

Also listed under facilities that would be used more than once a week, 37% would use a fitness center, 27% would use a sports facility, and almost 20% would use a community center. The Parks and Recreation Committee recommends that the town continue to actively pursue a community center / cultural arts facility equipped with a gymnasium and pool.

Dog Park – Although 50% of the respondents indicated they would never use a dog park, almost 25% indicated they would use it more than once a week, and a dog park was listed as the respondents' top priority equally with the cultural arts and community center, Ms. Glembocki said. Many respondents indicated leisure pursuits that included their pets, she added.

The Parks and Recreation Committee also recommends that the town and the Parks and Recreation Department continue to find ways to meet the recreational needs of pet owners.

Programming Needs – Ms. Glembocki reported that the survey tried to identify whether or not programming needs currently are being met. There was a strong response, she said, to increase programming for all ages of youths and adults both during the week and on weekends. She said the committee would recommend that the town pursue expanding its recreational programming with increased attention to the programming needs on the weekends.

Resident Input – Ms. Glembocki noted that the committee recognizes that these surveys do give valuable information in regard to the opinions of residents; however, no survey reaches all of the residents, she noted. Ninety‑one percent of the respondents were Caucasian, less than 1% were over 65 years old, and over 50% were in households with 3 or 4 members. In light of that, the committee recommends that the town continue to gather input from as many residents as possible in order to get a more clear representation of the town's needs.

In summary, Ms. Glembocki said that the Holly Springs Parks and Recreation Advisory Committee recommends the following actions by the Town in response to the survey:

* Create a map detailing current and proposed greenway trails in Holly Springs; publish it and make it available to the public.

* Investigate moving schedule up for completion of walking loop around Womble Park from within the next three years to as soon as possible.

* Continue actively pursuing a community center/cultural arts facility equipped with a gymnasium (fitness center) and swimming pool.

* Continue working to meet the recreational needs of pet owners.

* Expand recreational programming with increased attention to needs on weekends.

* Continue to gather input from residents, especially from those under‑represented in the current survey: seniors; single adults; and minorities.

Action: The Board approved a motion to approve the recommendations of the Holly Springs Parks & Recreation Advisory Committee.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

7d. New Fire Station Schematic Designs - Mr. Brian Simpson of Little Diversified Architectural Services presented the proposed schematic designs for the future fire station to be located off of Holly Springs Road.

Mr. Simpson showed drawings illustrating a brick multi-level building featuring 16,850 square feet of administrative space, vehicle bays, personnel dorms and living quarters and training space.

Commissioner VanFossen said he was not impressed with the exterior siding material.

Action: The Board approved a motion to approve the proposed schematic design for the Holly Springs Road Fire Station as submitted.

Motion By: Womble

Second By: Atwell

Vote: The motion carried, following a 4-1 vote. Commissioners Taylor, Womble, Atwell and Dickson voted for. Commissioner VanFossen voted against.

7e. Twelve Oaks PUD Developer Agreement Amendment for Ballentine Extension - Ms. Sudano explained that in June 2003, the Town entered into a developer agreement with New South Holdings, LLC, for the Twelve Oaks West PUD. She said the agreement provided for development fee credits to be provided as Town participation in certain public infrastructure projects needed for the developer ‑ roadway improvements, oversized gravity sewer, waterline improvements, reuse infrastructure, greenways, and a golf course.

Ms. Sudano said that the developer has expressed an interest in an amendment to the agreement which would consist of the developer’s constructing Ballentine Street (two‑lane cross‑section) from its proposed terminus at Premier Drive in the business park to New Hill Road. She said the developer proposes to receive transportation fee credits against the road construction costs.

Ms. Sudano said that the general cost estimates for the construction are in the $2 million range. She said the Town's maximum contribution in transportation fee credits would be limited by the number of building permits issued by the town times the fee ($900/unit). She said that at this time, the development is approved for approximately 1,500 units; therefore, the town's contribution in fees would be approximately $1.35 million. The remaining balance would be the developer's responsibility, she said.

Action: The Board approved a motion to approve in concept an amendment to the Twelve Oaks PUD Developer Agreement to provide for the extension of Ballentine Street in exchange for transportation fee credits with a formal document with more specific terms to be considered at a future Board meeting in April.

Motion By: Dickson

Second By: Womble

Vote: Unanimous

Mr. Dean advised the Board that the Twelve Oaks developer, Tom McKay, was present and available to provide an update on the project. Mr. McKay addressed the Board advising that the project is very close to becoming a reality.

8a. Progress Energy Service Line Relocation - Ms. Sudano said that at a previous Town Board meeting, staff was asked to further research the possibility of converting overhead service drops on the NC 55 and Holly Springs Road intersection project to underground service drops. She pointed out that this would add to the estimated costs for utility relocations that were approved by the Board last year.

Ms. Sudano reviewed with the board a few options for the services that could be relocated to underground.

Action: The Board approved a motion to amend the project to take overhead services that currently run across the road and convert them to underground and also to take overhead services leading to houses and convert them to underground, pending more definite cost estimates from Progress Energy and approval of funding.

Motion By: Taylor

Second By: Womble

Vote: Unanimous

8b. Regional Wastewater Study Project - Ms. Sudano said that in December 2003, the Town Board approved funds to enter into the preliminary permitting phase component of the Regional Wastewater Study. Ms. Sudano said the regional group understood that there may be a requirement for additional funds at a later date if preliminary environmental work dictated a need for more detailed and enhanced environmental work.

She said the preliminary study on the discharge location for the regional facility has resulted in a need for more detailed work in this area.

Ms. Sudano said the majority of the regional partners agreed that the funds to cover all possible detailed work should be appropriated. She said that this would minimize delays in getting individual partner appropriations for work before it is undertaken and all other partners have appropriated those funds.

Ms. Sudano said that the request is to appropriate funds in the amount of $61,206.20 from the FY 2004-05 budget.

Action: The Board approved a motion to amend the Regional Wastewater Study Inter-local Agreement to include additional environmental services in the amount of $61,206, which is to be appropriated from the FY 2004-05 budget.

Motion By: VanFossen

Second By: Dickson

Vote: Unanimous

A copy of the draft Regional Wastewater Study Project Inter-local Agreement Amendment is incorporated into these minutes as addendum pages.

8c. Irrigation Meters Policy Statement #007 - Ms. Sudano explained that the towns’ policy and development standards currently require that irrigation systems be connected to the Town's water supply by way of a secondary water meter to that of the primary, or main, water service. She said there are distinct advantages to both the homeowner and the town; however, there has been a suggestion that this requirement be made optional rather than mandatory.

Ms. Sudano said the policy requiring secondary meters was adopted by the Board in 1997 on the recommendation of the public works, engineering and building inspections departments.

Ms. Sudano said that other towns that require the second meter for irrigation systems are: Morrisville, Cary, and Fuquay Varina. She said Wake Forest, Raleigh, Chapel Hill, and Apex indicated that separate irrigation meters are optional.

Ms. Sudano said that the advantages requiring second irrigation meters to be mandatory are the following:

Action: The Board approved a motion to amend the Town’s Policy Statement #007, Ordinance 04-02 and the Development Standards Manual to make installation of a second water meter when installing irrigation systems to be optional for residents.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

8d. Backflow and Cross-Connection Prevention Devices - Mr. Dean said that at previous Board meetings there were discussions of the town's back‑flow and cross‑connection prevention regulations. Topics included the regular inspection schedule that the town would require; and whether the town would permit above-ground installation of RPZ devices.

He reported that at the March 2 meeting, no action was taken, but the Board gave direction that several options be explored and reported back to the Board. Mr. Dean said that he suggested the following recommendations:

A. RPZ devices should be required to be installed above ground as recommended by the manufacturer. Based on the short video presentation, below ground, while aesthetically pleasing, does not allow for the protection the RPZ, he said. While the probability for backflow is minimal, he said, it would only take one time to create major problems. Above‑ground installation, he concluded, would be the most cost‑effective and provide the safest way to protect the community’s water resources.

B. RPZ devices should be inspected at a minimum of every two (2) years to insure proper function. He said he would further suggest that the town request proposals from licensed contractors for the inspection of RPZs. Once a contractor is selected, he said, the town could establish a price for inspection and coordinate with the public works department for record-keeping. The town, he said, should pass any cost savings along to the property owner, and the program would be both cost-effective and would not overload the public works staff.

After much discussion, the board reached consensus on a number of topics.

Action: The Board approved a motion to establish a regular RPZ device inspection schedule of a minimum of every other year.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

Action: The Board approved a motion that the town create a division to provide regular inspections of RPZ devices as an in-house service for a trial period of time.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

Action: The Board approved a motion that the town will be responsible for testing only and that any failed RPZ device will be subject to immediate service interruption until repairs are made at the owner’s expense and that any attempt to circumvent the RPZ will be considered a cross-connection and subject to the penalties of the cross connection ordinance.

Motion By: Atwell

Second By: Taylor

Vote: Unanimous

Commissioner VanFossen asked about underground installation of RPZs.

Mr. Dean said after speaking with public works and building inspections, he believes underground installation is not recommended, which was the basis for his recommendation.

Commissioner VanFossen said he did not agree.

Action: The Board approved a motion to amend the town’s ordinances and policies to permit both above- and underground installation of RPZ devices, provided underground installation is in accordance with specifications required by the manufacturer and the Environmental Protection Agency rules.

Motion By: Taylor

Second By: Womble

Vote: Unanimous

9. Public Comment: At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:

Kathy Davis, 5428 Perfect Peace Circle – Ms. Davis advised the Board that she and others are interested in serving on town committees. She said she was interested in serving on the sidewalk committee, and she questioned information she had been given that the committee was to be made up of staff and stakeholders in the school system.

Commissioner Taylor agreed that the Board had agreed to open the structure of the sidewalk committee up to interested residents and to not limit its membership to school system representatives as had been proposed.

Having an indication that this was also the memory of other board members, the town clerk agreed to amend the board’s meeting minutes of March 2 to reflect the corrected information.

10. Other Business: None.

11. Manager’s Reports: Mr. Dean suggested that board members take a tour of the newly-opened police station next door following adjournment. He also noted that the department of water quality had at long last moved into its pump maintenance building.

12. Closed Session: None.

13. Adjournment: There being no further business for the evening, the March 16, 2004, meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner VanFossen, a second by Commissioner Womble and a unanimous vote.

Respectfully Submitted on Tuesday, April 20, 2004.

_________________________________

Joni Powell, CMC

Town Clerk

Addendum pages as referenced in these minutes follow and are a part of the official record.