4/20/04 Meeting Minutes, Town of Holly Springs

6a. Public Hearing: Zoning Petition 04-REZ-01 - Ms. Bailey explained that the Town has received a petition for the rezoning of 24.50 acres located at 5737 Sunset Lake Road from R‑MF‑8: Multifamily Residential district to R‑8: Residential district. She said the proposed R-8 residential district would allow a maximum of 4.5 units per acre, which is compatible with the Land Use Plan. She added that the property is located within an area that is designated in the Town’s 10‑Year Comprehensive Growth Plan for high‑density residential, which allows for five units per acre.

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.

Commissioner VanFossen said he felt the down-zoning would be a positive move.

Commissioner Atwell pointed out that the new zone would be a more compatible zoning district to be situated adjacent to the neighboring R-20 land.

Action: The Board approved a motion to approve Zoning Petition #04‑REZ‑01 to rezone 24.50 acres located at 5737 Sunset Lake Road from R‑MF‑8: Multifamily Residential district to R‑8: Residential district as submitted by Thompson & Associates.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

6b. Public Hearing: Zoning Petition 04-REZ-02 - Ms. Bailey explained that the Town has received a request for the rezoning of 47.77 acres north of Avent Ferry Road, located between the Braxton Village PUD and the Holly Glen subdivision. Ms. Bailey said the property was annexed into the town limits on April 6, 2004, when it was assigned the R‑30 zoning classification, per the Unified Development Ordinance, (UDO).

Ms. Bailey said the petitioner requests that the property be rezoned from R‑30 to R‑10 CU: Residential Conditional Use district. She said the Conditional Use district would allow the petitioner to place specific conditions on the property that are more restrictive than the minimum zoning regulations in the Town’s UDO.

She explained that once the petitioner has placed such conditions with the zoning map change request, those conditions cannot be removed or modified to reduce the restriction. Ms. Bailey said during the review and consideration process, however, the petitioner may add additional conditions or make the proposed conditions more restrictive.

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

Robert Blake, 321 Sycamore Creek Drive – Mr. Blake said he wanted to point out that the area is low and receives the runoff from parts of Holly Glen and that perhaps an R-15 designation might be less dense and more desirable. He also pointed out that some of the neighboring property is zoned R-15. He asked if the petitioner would consider a condition that a percentage of the lots would be no smaller than 15,000 square feet.

Richard Wood, 224 Holly Green Lane – Mr. Wood said he is concerned about the increased traffic flow that would be brought about by development of the property. He, too, is concerned about drainage and the wetlands on the property.

Amy Wazenegger, 105 Braxton Village Way – Ms. Wasenegger said she also is concerned about the wetlands and urged the Board to consider requiring stream buffers, even though the streams on the property are in the Cape Fear River Basin.

Bill Daniel of William Daniel & Associates – Mr. Daniel said the applicant would not only follow the letter of the law, but the spirit of the law as well. As for the request that an additional condition be placed on the zoning, Mr. Daniel asked that no additional conditions be placed. He assured the board, however, that open space would be plentiful.

Commissioner VanFossen urged the developer to consider providing larger lots, whenever possible.

Commissioner VanFossen explained that he would not push for an R-15 zone on the property because he feels the road connection provided by the development of the property is critically needed.

Mr. Fanjoy of the Planning Board asked Mr. Daniel to elaborate on the roadway connection that had been discussed.

Mr. Daniel said the developers had looked at a couple of options. One option was to provide a main artery with no driveway cuts, which would be more expensive because lots would be lost, but also would create a division through the neighborhood. Traffic diffusion was another option, he said.

Commissioner VanFossen said he disagreed with Mr. Daniel’s position that the main roadway would divide the neighborhood, and he indicated that he would be looking for that type of roadway in the development plan.

Mayor Sears asked Ms. Keefer to address some of the drainage issues. She explained that during the plan review, drainage would be addressed and negative impacts to both existing homeowners and future homes in the new development would be protected.

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

Action: The Board approved a motion to approve Zoning Petition #04‑REZ‑02 to rezone 47.77 acres north of Avent Ferry Road, located between the Braxton Village PUD and the Holly Glen Subdivision, from R‑30: Residential to R‑10 CU: Residential Conditional Use district as submitted by William G. Daniel & Associates with the following 3 (three) conditions as offered by the petitioner:

1. No more than 20% of the lots shall be developed as slab on grade. All other lots shall be developed incorporating either foundations with crawl spaces or stem wall construction.

2. Street trees shall be planted along both sides of street right of way.

3. Such trees shall be 2.5” caliper (minimum) at intervals of 50 feet.

4. The size of each developed lot shall be no less than 10,000 square feet.

Motion By: Dickson

Second By: Womble

In discussion, Commissioner VanFossen asked questions of the town attorney as to what, if any, conditions could be placed on the rezoning to ensure that a satisfactory roadway system is eventually built. The town attorney said the zoning could not be conditioned; however, the Town Board did not have to approve the preliminary subdivision plan if the roadway system was not as desired.

Vote: Unanimous

6c. Public Hearing: NPDES, Phase 2 Permit Application - Ms. Keefer explained to the Board that the National Pollutant Discharge Elimination System (NPDES) Phase II Program was established through the Clean Water Act to protect water quality from pollutants carried by stormwater. She said the Town was notified that it is federally designated to comply with the NPDES Phase II Stormwater regulations as a result of the Town’s population in the 2000 Census, and a permit application must be filed by the May 6 deadline.

Ms. Keefer said that the NPDES permit application would outline how Holly Springs would implement and monitor its own stormwater program by meeting the six minimum measures determined by the EPA, which are: Public Education and Outreach; Public Participation; Illicit Discharge Detection and Elimination; Construction Site Run‑off Control; Post‑Construction Run‑off Control; and Pollution Prevention/Good Housekeeping. She went on to describe for the Town Board many of the more specific details to be contained in the permit application.

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 Resolution 04‑18 authorizing submission of the National Pollutant Discharge Elimination System Phase II permit application and approved the Stormwater Management Plan, application and the related documentation as presented.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

Copies of Resolution 04-18, the NPDES Phase II permit application, approved

Stormwater Management Plan, and related documentation are incorporated into these minutes as addendum pages.

6d. Joint Public Hearing: Sunset Oaks PUD Amendment, 02-PUD-02-A02 - Ms. Bailey explained to the Board that the applicant seeks to amend the Sunset Oaks Planned Unit Development (PUD) to add seven and a half (7.50) acres of land to the already‑approved 328‑acre development. She said the maximum number of allowable units also is being modified from 1163 to 1194; however, the number of proposed units would remain 850.

Ms. Bailey said that the additional land is designated as Phase 12, and is proposed to be developed under the PUD's SF3 district regulations, which allows a minimum lot size of 8,000 square feet.

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 of Commissioners.

With that explanation completed, Mayor Sears opened the joint public hearing with the 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 PUD Amendment 02-PUD-02-A02 for Sunset Oaks Phase 12 to the Planning Board for review and recommendation.

Motion By: Dickson

Second By: Womble

Vote: Unanimous

7. Consent Agenda: All items on the Consent Agenda were approved following a motion by Commissioner Womble, a second by Commissioner Taylor and a unanimous vote. The following actions were affected:

7a. Resolution 04-19 - Resolution 04‑19, a resolution of intent to consider an ordinance amending the Town's Charter to adopt the council member style of governing body and setting the date for a public hearing on the question for May 4, 2004, was adopted. A copy of Resolution 04-19 is incorporated into these minutes as an addendum page.

7b. Resolution 04-20 - Resolution 04‑20 authorizing the Town Clerk to investigate the sufficiency of annexation petition A04‑05 for Sunset Ridge North, Phase 5A and setting a public hearing on the question of annexation for May 4, 2004, was adopted. A copy of Resolution 04-20 is incorporated into these minutes as addendum pages.

7c. Resolution 04-21 - Resolution 04‑21 in support of the installation of a traffic signal at the intersection of Kildaire Farm Road and Holly Springs Road was adopted. A copy of Resolution 04-21 is incorporated into these minutes as an addendum page.

7d. Budget Amendments, Transportation Project - Amendments to the Transportation Project Fund were adopted to assign installment financing funds. Copies of the budget amendments are incorporated into these minutes as addendum pages.

7e. Minutes - Minutes of the Board’s regular meetings held on March 16 and April 6, 2004 and a special meeting held on April 5, 2004 were approved.

7f. Resolution 04-22 – Resolution 04-22 in support of expansion of the Holly Springs Post Office delivery zone and urging the expansion to or construction of a new Holly Springs Post Office was adopted. A copy of Resolution 04-22 is incorporated into these minutes as an addendum page.

8a. Senior Development Inspection Position - Mr. Dean said that the start of construction for numerous new Town projects in mid‑April and the continued increase in development‑related inspections and plan review functions, the engineering department is requesting the formation of a new position.

He said that in function the position is anticipated to take over some of the senior responsibilities currently handled by the Development/Construction Administrator, freeing up some time to keep up with plan reviews and other senior, administrative duties related to projects and development. He said the position also would provide guidance for inspections staff who are less experienced, plus provide additional field inspection time.

Mr. Dean said the engineering department expects a significant increase in inspections services needed as the town launches several infrastructure improvements.

Action: The Board approved a motion to establish a new senior development inspector position for the engineering department, with a starting salary of $47,475.

Motion By: Womble

Second By: VanFossen

Vote: Unanimous

8b. Utility Relocation for NC 55 and Holly Springs Road Intersection - Mr. Dean said that about a year ago, the Board approved a plan for primary overhead utility relocations at this intersection and later approved a Utility Relocation Agreement with Progress Energy for $30,300 (including contingency) to cover the work.

He said that at the March 16 meeting, the Town Board approved a motion requesting that some of the overhead service drops be placed underground. The additional engineering costs associated with the new underground drops has been determined and is before the Board for approval, he added.

Mr. Dean said there would be additional costs to the Town for a subcontractor to do some necessary wiring work on private property, but those costs have not yet been finalized. He said only four of the services that were considered are being placed underground: Wake County Opportunities, Seagroves, Ullah and Gunderson.

Action: The Board approved a motion to enter the revised Progress Energy Utility Relocation Agreement for the NC Hwy. 55 and Holly Springs Road intersection project in the amount of $54,381 and to adopt budget amendments to the Project Fund in the amount of $27,000 to cover the additional service work.

Motion By: Womble

Second By: VanFossen

Vote: Unanimous

A copy of the Progress Energy Utility Relocation Agreement and budget amendment are incorporated into these minutes as addendum pages.

8c. Utility Relocation for Holly Springs Road at Johnson Street - Mr. Dean explained that the Board approved a plan for primary overhead utility relocations for this project and that Progress Energy had finalized the utility relocation design and costs estimates. He asked the Board for approval of a Utility Relocation Agreement for this work. He said the agreement estimates the costs of $13,863.01, however, it requires the Town to pay for the actual final costs.

Action: The Board approved a motion to enter a Utility Relocation Agreement with Progress Energy for the Holly Springs Road improvements from Johnson Street to Holly Springs Crossings in the amount of $15,250, subject to requested changes and final approval of the engineering director and the town attorney.

Motion By: VanFossen

Second By: Womble

Vote: Unanimous

A copy of the Progress Energy Utility Relocation Agreement is incorporated into these minutes as addendum pages.

8d. Utility Relocation for Sunset Lake Road/Holly Springs Road Project - Mr. Dean said that the utility relocation plan for this project includes primary overhead utility relocations and underground service drops. He said Progress Energy has finalized the utility relocation design and cost estimates, and the proposed utility relocation is expected to cost approximately $268,165.61. However, the proposed agreement would require the Town to pay for actual final costs.

Mr. Dean pointed out that the estimate exceeds the approved project budget by $18,166.

Action: The Board approved a motion to enter a Utility Relocation Agreement with Progress Energy for the Sunset Lake Road and Holly Springs Road improvement project at a cost of $294,982 and to adopt a budget amendment to the Project Fund in the amount of $18,200.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

A copy of the Progress Energy Utility Relocation Agreement and budget amendment are incorporated into these minutes as addendum pages.

8e. Holly Springs Road and NC Hwy. 55 Construction Administration Contract - Mr. Dean requested that the Town Board authorize the Town to enter a contract with CH Engineering for construction administration for the NC Hwy. 55 and Holly Springs intersection project. He said the construction administration would consist of a maximum of 18 hours per month of professional services at a not-to-exceed cost of $25,000.

He said that Town staff is handling the construction inspections and primary administration on the project; however, CH Engineering would attend meetings plus provide clarifications and design modifications as necessary or requested by the Town staff.

Mr. Campbell pointed out that the Town would limit the services that would be requested.

Mr. Dean said contract administration is a good safeguard for the Town in a project of this scope.

Commissioner VanFossen said he understood the need for contract administration, but he did not want the Town to be charged in instances where the design drawings were not clear.

Commissioner Atwell said he would like to see history of the Town’s “not-to-exceed” contracts with data illustrating how much the Town ultimately paid for those contracts.

Action: The Board approved a motion to enter a contract with CH Engineering for construction administration for the Holly Springs Road and NC Hwy. 55 intersection project in an amount not to exceed $25,000.

Motion By: Womble

Second By: VanFossen

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

A copy of the CH Engineering contract is incorporated into these pages as addendum pages.

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:

Dan Keenan, 524 E. Maple Ave. – Mr. Keenan addressed the Board expressing his opinion that the batting cages recently installed at Womble Park are in a bad location. He suggested the structures be moved closer to the baseball diamonds.

Matt Johnson, 317 Springside Drive – Mr. Johnson addressed the Board and reported that others in the Lakeside subdivision had expressed similar concerns.

Commissioner Dickson suggested that the baseball fields are designed to serve other purposes and that the batting cages may have been placed where they are because of that.

Joe Signoretti – Mr. Signoretti said he had heard about the Town’s being honored as a well-managed town, and he congratulated those responsible.

10. Other Business: None

11. Manager’s Reports: Mr. Dean reminded the Board of the economic development event on April 21 and the Holly Springs High School groundbreaking. He also noted that there would be a pre-budget public hearing on May 4.

12. Closed Session: The Board approved a motion to enter into Closed Session, pursuant to 143-318.11(a)(3), to discuss with the Town Attorney under the attorney-client privilege specifics for the obtaining of road right of way.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

General Account of Closed Session – April 20, 2004

In Closed Session Mr. Schifano explained that the Town’s acquisition agent was progressing along with the obtaining of road right-of-way for the Sunset Lake Road and Holly Springs Road intersection improvement project. He asked for and received the Board’s direction in the negotiations with land owners affected by the project.

-- End General Account

The Board returned to Open Session following a motion by Commissioner Womble, a second by Commissioner Atwell and a unanimous vote.

In Open Session, the Board entertained the issue of the batting cages and whether or not it would be feasible to have them moved. The Board asked staff to investigate the options.

13. Adjournment: There being no further business for the evening, the April 20, 2004, meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Dickson, a second by Commissioner Womble and a unanimous vote.

Respectfully Submitted on Tuesday, May 18, 2004.

_________________________________

Joni Powell, CMC

Town Clerk

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