Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, April 6, 2004

 

MINUTES

 

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, April 6, 2004 in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:08 p.m.  A quorum was established as the mayor and four board members were present as the meeting opened. 

 

Board Members Present:  Commissioners Mike Taylor, Parrish Womble, Chet VanFossen, and Peter Atwell and Mayor Sears.

 

Board Members Absent: Commissioner Hank Dickson

 

Staff Members Present: Carl Dean, town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Chuck Simmons, assistant town manager; Drew Holland, finance director; Cecil Parker, chief of public safety; Len Bradley, director of parks and recreation; Stephanie Sudano, director of engineering; Kendra Stephenson, senior engineer; Martha Daniel-Hobbs, town planner; and Alysia Bailey, senior planner.

 

2 and 3.  The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Horace Ferguson, pastor of First United Methodist Church of Holly Springs.

 

4.  Agenda Adjustment:  The April 6, 2004 meeting agenda was adopted with changes, if any, as listed below.                            

Motion By: Taylor

Second By: VanFossen

Vote: Unanimous.

Items Added to the Agenda: Resolution 04-17, a condemnation resolution for the Main Street sidewalk construction project, was added under New Business.

Consent Agenda Items Removed: Items 7 b., c. and d. were removed from the Consent Agenda and placed under New Business for discussion.

Other Changes: None.

 

5.  Public Hearing:  Annexation Petition A04‑04, Colon W. Hobby property - Ms. Bailey explained to the Board that the Town had received a petition for voluntary annexation of land containing 47.77 acres located southeast of Holly Glen subdivision and northwest of Braxton Village subdivision.  Ms. Bailey said that 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: None.

There being no comments, the public hearing was closed.  


Action: The Board approved a motion to adopt Annexation Ordinance A04‑04 annexing 47.77 acres owned by Colon W. Hobby, and more particularly described as Wake County Pin(s): 0638.02‑86‑9651, into the corporate limits of the Town of Holly Springs.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

A copy of Annexation Ordinance A04-04 is incorporated into these minutes as addendum pages.

 

6.  Special Presentation: Community Center Report - Mr. Bradley explained to the Board that the Town had contracted with Heery International to assess the Town’s parks and recreation needs and facilities, including existing facilities.  The Town also conducted a community input survey and held community meetings to receive input.

Mr. Bradley advised that the representatives of Heery would be giving a preliminary update on what the company and staff have concluded.  He added that the company representatives would welcome feedback from the board to be considered for a final report to be made in May.

Mr. Joe Wynn of Heery addressed the Board and noted that information from the town’s resident survey indicates that the most popular activities requested for the community center were art classes, movies, ceramics and clay work, theater (acting), concerts, First Aid classes, cooking classes, a coffee shop, gardening classes and dog obedience classes.   He said the most popular results for the recreation center were aerobic activities, swimming (indoor), fitness (exercise equipment), basketball, running, jogging, track, summer camp, indoor soccer, ice skating, gymnastics and after school programs.

He noted that, although the Hunt Community Center is an asset that could be used, the facility has some significant deficiencies.  He also noted that it is not nearly large enough to meet the community’s ultimate community center needs.

Mr. Wynn explained that the key components of a new community center would be a small performing arts facility and community space.  Key components of the recreation center would be an aquatics center and gymnasium.

Mr. James King of Heery addressed the Board and provided more detail in each of the study areas: community center and recreation center.

Program requirements for a community center, he reported, would be a theater; classrooms, a kitchen, support spaces and meeting rooms totaling about 5,400 square feet.

Program requirements for a recreation center included a gymnasium, indoor track, indoor pool, fitness room, multi-purpose space, batting cages, concessions, game room, locker rooms, an office suite, classrooms, childcare, lobby and support spaces totaling about 66,600 square feet.

Commissioners talked about some of the specifics of the proposed facilities.

Commissioner Atwell noted that he felt the facility should be programmed larger, if possible, to accommodate future expansion and needs.  Since the building may not even be built for another two years, he said, the recreational needs of the community may have greatly increased by that time.  He added that perhaps a racquetball court also should be added since there aren’t any facilities of that type in the area.

Commissioner Atwell said he also felt that if the town is faced with phasing the project or with having to choose between a cultural arts and recreation center, he would hope the town would choose building a recreation center because it would serve the most people.  He stressed that he would like to see both, but that he feels the recreation center could serve a dual role until a dedicated cultural arts center could be built.


Commissioner Taylor noted that as the community grows, private interest and YMCA-type facilities may develop in Holly Springs, easing the need for the town to bear the entire burden of meeting the population’s recreational needs.

Action: None.                         

 

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

7a. 02-MAS-01, Braxton Village, Phase 5 & 6  ‑ The Board approved modified conditions of approval for 02-MAS-01, Braxton Village Phases 5 & 6, to reflect action taken by the Board on Feb. 17 in approving Braxton Village Phases 7-11, to whit: added a condition that “Per previous agreement of the developer, the existing gravel emergency access road connecting Braxton Village to Holly Glen will be paved and prepared for automobile traffic prior to the issuance of more than 50 Certificates of Occupancy for Phases 5 and 6.”.

7b. Ordinance 04-05, Backflow and Cross-Connection Prevention Devices ‑ Removed from the Consent Agenda during Agenda Adjustment.

7c.  Policy Statement PS-007, Irrigation System Meters  ‑ Removed from the Consent Agenda during Agenda Adjustment.

7d.  Resolution 04-14, Vested Rights – Removed from the Consent Agenda during Agenda Adjustment.

7e. Budget Amendment, $40,000 - The Board adopted an amendment to the 911 PSAP Special Revenue Fund in the amount of $40,000 to move funds from the salary line item where they are not needed to the equipment line item.   A copy of the budget amendment is incorporated into these minutes as an addendum page.

7f. Budget Amendment, $400,000  -  The Board adopted amendments to the Ballentine Street Project Fund in the amount of $400,000 to allocate NCDOT grant and street reserve funds for the roadway extension project.   Copies of the budget amendments are incorporated into these minutes as addendum pages.

7g. Budget Amendment, $95,000 - The Board adopted an amendment to the Parks and Recreation Reserve Fund in the amount of $95,000 to cover Jones Park improvements as originally approved with adoption of the FY 2003‑04 budget ordinance.   A copy of the budget amendment is incorporated into these minutes as an addendum page.

7h. Budget Amendment, $3,900 - The Board adopted an amendment to the FY 2003‑04 budget in the amount of $3,900 to allocate drug forfeiture funds to cover cost of new computers for the police station.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

7i. Budget Amendments, $930 and $1,325  - The Board adopted amendments to the FY 2003‑04 budget in the amount of $930 and $1,325 to receive insurance proceeds to cover damages to the public works vehicles.  Copies of the budget amendments are incorporated into these minutes as addendum pages.

 

8a.  Stinson Avenue Paving Project - Ms. Stephenson explained to the Board that on March 4, town staff conducted a public informational meeting for the adjacent property owners along the Stinson Avenue paving project.  She said staff reviewed with residents the current design plan and construction schedule and answered questions.  Verbal and written feedback was received.

Ms. Stephenson said that staff took the feedback, researched the options and formed recommendations for the Town Board.  She asked that the town board give directions to staff regarding changes, if any, that should be made to the roadway plan.


After much discussion, Commissioner Atwell summarized that the town intends to pave the roadway and make it as safe as possible.

The board members agreed to give staff direction on a few adjustments to the plan to address resident concerns.

Action:  The Board approved a motion to direct staff to amend the project plan to feature:

1.      Raised pedestrian crosswalks in three locations – (1) at the end of existing Stinson, (2) near its intersection with Baygall and (3) near its intersection with Indian Hill;

2.      Install sidewalk on the Remington side of Stinson Avenue just past the end of the paving project so that it connects with existing sidewalk;

3.      Build a pedestrian landing from the raised crosswalk near Baygall on the Remington side of Stinson Avenue and angle the landing so that the flow of pedestrians will be directed to turn so as not to be funneled into someone’s yard;

4.      Erect decorative fencing along Stinson Avenue on the park side to provide a safety barrier for those using the park; and

5.      Provide park access gates through the fence at various logical locations.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

 

8b.  Sunset Ridge North PUD II, 00-PUD-01-A02 - Ms. Bailey said the proposed amendment to the Sunset Ridge North II Planned Unit Development (PUD) is to modify the road layout and add approximately two (2) acres of land from the Rhamkatte Village PUD to the approved 225‑acre development.

She said the maximum number of allowable units is being modified from 780 to 790; however, the number of proposed units will remain 535.  She said 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.

A joint public hearing on this amendment was held on March 16, and the proposal was forwarded to the Planning Board on March 23.  Ms. Bailey said that the Planning Board reviewed the proposal and recommends approval with conditions.

Action: The Board approved a motion to approve Planned Unit Development Amendment #00‑PUD‑01‑A02 for Sunset Ridge North II PUD as submitted by Bryan Properties, Project Number phase 4 and 5 with the following conditions:

1.  Annexation petitions for each phase must be submitted prior to corresponding construction drawing approval.

2.  Conditions of original Sunset Ridge North II (eleven) PUD approval shall still apply to the amended plans.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

 

8c.  Sunset Ridge North PUD II, Phase 5, 02-MAS-A03 - Ms. Daniel-Hobbs explained that the subject amendment to the preliminary plan Sunset Ridge North PUD II, Phase 5, 02‑MAS‑03‑A03, proposes a 2.11-acre addition to the original 75.10 acres.

Ms. Hobbs said that a 25‑foot undisturbed buffer would be provided along the perimeter of the property; any disturbance of this buffer would require revegetation to the semi‑opaque standards according to the originally-approved Sunset Ridge North II PUD plan. 

Ms. Hobbs reported that all the street stubs are located as in the originally‑approved plan. She added from engineering department notes that water and sewer service would be extended by the developer, and a fee‑in‑lieu of a downstream pump station upgrade would be required.

Ms. Hobbs said that there are Neuse buffer requirements on this property that would require documentation of compliance by the developer at construction drawing approval.

Action: The Board approved a motion to approve Preliminary Plan #02‑MAS‑03‑A03 for Sunset Ridge North II PUD Phase 5 as submitted by Tony M. Tate Landscape Architecture, with the following three (3) conditions:

1.  A complete annexation petition must be filed prior to receiving the approval notice.


2.  All previous conditions of approval still apply (including items to be covered during construction drawing review).

3.  The following items are to be addressed with first submittal of construction drawings:*

a.  Change note #22 to read, “Phase 5c is required to be constructed prior to or concurrently with 5b.”

b.  Change note #23 to read “Phase 5c is required to construct the portion of roadway currently shown offsite on the Jones Property.  Any offsite right‑of‑way required for full roadway construction must be recorded prior to final plat approval of Phase 5c.”

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

 

8d.  The Arbor at Holly Glen, 04‑MAS‑03 - Ms. Hobbs said the town had received a request for approval of a master plan called The Arbor at Holly Glen, 04‑MAS‑03, for a 0.66-acre site located on Holly Meadow Drive. She said the developer proposes to develop two residential lots according to R‑10 residential district standards.

She said the land designation for the development is compatible with the medium‑density residential development of the Town of Holly Springs 10-Year Comprehensive Growth Plan.

Ms. Hobbs explained that a type A‑20 open landscape yard area would be provided around the perimeter of the property.  She said, in addition, the landscape yard area to the north abutting Holly Glen Subdivision would remain undisturbed.  She reported from engineering notes that water and sewer service would be extended to the site by the developer, and a fee‑in‑lieu is required for a pump station upgrade.

Ms. Hobbs added that the developer would be providing a street stub to the adjacent property, and no other transportation items would be part of this site.

She also noted from engineering comments on the plan that the site is upstream of some drainage complaints and would need to conform with the current storm drainage policy (No. P‑018).   She said there are several drainage-related conditions that would need to be addressed with first submittal of construction drawings.

Ms. Hobbs said staff recommends that the Board consider adding a condition to limit the time period that a temporary sales or construction trailer may be installed upon one of these lots.

Ms. Sudano noted that this plan represents only a two-lot change in the subdivision.  She pointed out that town policy requires that a flood study be conducted and that the developer requests waiver from this policy.

Mr. Tom Spaulding addressed the Board, explaining that if a flood study were conducted, no impact would be determined from the development of the two lots.  He asked the board to waive the requirement.

There was much discussion regarding the information center that is being planned.  Board members expressed concerns about how the building would look.

Action: The Board approved a motion to grant the applicant’s request for exemption from Policy Statement PS-018 requiring a flood study, and also approved preliminary plan #04‑MAS‑03 for the Arbor at Holly Glen as submitted by Spaulding and Norris, PA, Project Number 426‑03, dated Revised 3/5/04 with the following 4 (four) conditions:

1.  Prior to Construction Drawing Approval, the Master Sign Plan must be submitted to and approved by the Department of Planning & Zoning

2.  A UDO Permit for Sign Installation shall be obtained from the Department of Planning & Zoning prior to the installation of any signage, temporary (including temporary signs erected before and during the construction phase) or permanent.

3.  The following items are to be included on construction drawings (later in the approval process):

a.  Please provide supporting documentation that the downstream system has been designed to accommodate the additional flow.


b.  Due to the slope of the proposed system please provide a hydraulic grade analysis.

c.  It appears that flow that originally was contained within the property boundaries is proposed to be directed toward the adjacent property. Please address.

d.  Fee‑in‑lieu of pump station upgrade required for this site.

4.  The time period that a temporary sales or construction trailer may be installed upon one of these lots is one year, and renewal of this permission is to be decided by the Town Board at the end of 12 months from the date of issue of the permit allowing the mobile unit.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

 

8e.  Sunset Oaks, Phase II, 04‑MAS‑04 - Ms. Hobbs explained that 04-MAS-04 is an application for a preliminary plan for Sunset Oaks Phase 11, a 16.08‑acre site located at Optimist Farm and Pierce Olive Roads.  She said the developer proposes to develop 50 residential lots compatible with medium‑density residential development in the Town of Holly Springs 10-Year Comprehensive Growth Plan.

Ms. Hobbs said that a 25‑foot undisturbed buffer would be provided along Pierce Olive and Optimist Farm Roads; any alteration or deficiency of this buffer requires installment of materials to meet Type‑C opaque buffer requirements, she noted.

From engineering notes on the plan, Ms. Hobbs reported that the water and sewer service would be extended to the site by the developer, and a fee‑in‑lieu of pump station upgrade would be required of the entire development based on flow.  Ms. Hobbs said that all external transportation related issues have been addressed under a developer agreement, and the right‑of‑way would be dedicated for all thoroughfares.

She noted that there are Neuse River buffers within the site that have been taken into consideration.

Action: The Board approved a motion to approve Preliminary Plan #04‑MAS‑04 for Sunset Oaks Phase 11 as submitted by Tony M. Tate Landscape Architecture, dated Revised 03/08/2004 with the following condition:

The following items are to be included on construction drawings (later in the approval process):

a.  Revised flood study with the first submittal.

b.  New flood study for all stream reaches adjacent to proposed lots (with first submittal).

Motion By: Womble

Second By: Atwell

Vote: Unanimous

 

8f.  Resolution 04-15, Sunset Lake Road Intersection Right of Way  - Mr. Schifano explained that as the board had previously authorized, property acquisitions have been underway attempting to purchase right-of-way easements from several property owners in the Sunset Lake Road intersection project.

            He said the areas listed in the resolution are the minimum amounts necessary to provide for safe traffic movement through this intersection.  While the property acquisition agent has been successful in negotiating several voluntary sales, he said, not very many actual deeds have been recorded.  He advised the board that he is seeking condemnation authority on each parcel in case it becomes necessary; however, it is certain that the effort toward purchasing the needed right of way will continue with success, and litigation would only ensue in cases where a property owner does not desire to enter into a voluntary sale.

            He added that he also is requesting through this resolution authority to condemn on behalf of any utility company to obtain right-of-way needed in the Holly Springs road and Main Street intersection improvement and sidewalk project.

Action: The Board approved a motion to adopt Resolution 04-15 authorizing condemnation, if necessary, pursuant to NCGS Chapter 136 to acquire certain property required for road right-of-way in the Holly Springs Road and Sunset Lake Road intersection project and to authorize the town to condemn on behalf of any utility company to obtain right-of-way for utility line relocation in the Holly Springs Road and Main Street sidewalk project.

Motion By: Atwell

Second By: VanFossen

Vote: Unanimous

A copy of Resolution 04-15 is incorporated into these minutes as addendum pages.

 

At this time, Mayor Sears recommended that the Board take up the additional resolution the town attorney requested be added to the agenda during Agenda Adjustment.

 

Resolution 04-17, Main Street Sidewalk – Mr. Shifano explained that Resolution 04-17 would authorize the town’s exercise of eminent domain to acquire sidewalk easements from property owners for the Main Street sidewalk project, if it becomes necessary.

Action: The Board approved a motion to adopt Resolution 04-17 authorizing, if necessary, the town’s exercise of eminent domain to acquire property as described in the resolution exhibit needed for sidewalk construction on Main Street.

Motion By: Taylor

Second By: VanFossen

Vote: Unanimous

A copy of Resolution 04-17 is incorporated into these minutes as addendum pages.

 

8g. NC Hwy 55 NCDOT Amended Contract - Ms. Stephenson said the widening of NC 55 from Holly Springs to Fuquay is currently under construction.  She explained that the Town had requested that under the NCDOT's current contract unit prices that some additional appurtenances be included for the waterline work.

            She said that on November 5, 2002, the Board approved a contract in the amount of $23,461 plus any overruns or change orders necessary to complete this work.

            Since that time, she said, the developer of the Wilco-Hess site has requested that a portion of the waterline work for its site also be included in the existing contract.  This would ease the process and delays that NCDOT would normally require if the work were to be pursued by a different contractor.  Also, the project would be done more cost-effectively due to the magnitude of waterline work that NCDOT is undertaking.

Ms. Stephenson said that the Town is seeking reimbursement from the Wilco-Hess development for any cost associated with its portion of the waterline work (estimated to be 10,814.54.)

Action: The Board approved a motion to adopt Resolution 04‑16 approving an amended contract between the Town of Holly Springs and NCDOT in the amount of $34,275.54, plus any overruns or change orders that are necessary to complete this work, and to adopt a budget amendment to the project fund in the amount of $10,815.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous

A copy of Resolution 04-16, the amended NCDOT contract and budget amendment are  incorporated into these minutes as addendum pages.


 

8h.  Wilco-Hess Waterline Developer Agreement - Ms. Stephenson explained that, with the above action, the town would be entering an amended contract with NCDOT to install various additional waterline components along the portion of NC 55 between Holly Springs and Fuquay‑Varina that is currently under construction.

            She said that in addition to several stub‑outs that the town requested, the developer of the Wilco-Hess site has requested that the town include some additional work within the NC 55 right-of-way.  She said the developer agreement would obligate the developer to reimburse the town for those waterline expenditures as they are related to the site’s requirements.

Action: The Board approved a motion to enter an agreement with the developer of the Wilco-Hess site for additional waterline components along the Wilco-Hess site on a portion of the NC 55 widening and waterline project between Holly Springs and Fuquay‑Varina.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of Wilco Hess developer agreement is incorporated into these minutes as addendum pages.

 

8i.   Sunset Lake Road Intersection Project Administration Contract - Ms. Stephenson said the town has received a proposal for the traffic signal and administration for the construction of the Sunset Lake and Holly Springs intersection project.  Ms. Stephenson said that the traffic signal portion of the proposal includes inspections and coordination with the NCDOT signal section.  The construction administration portion would consist of approximately 15 hours per month of professional services from Mulkey and Associates.

Ms. Stephenson said that staff would be handling the roadway construction inspection and administration on the project; however, Mulkey would attend monthly meetings, plus provide clarifications and design modifications as necessary based upon field condition changes, etc.

Some board members expressed concerns over a section in the contract that indicated that the town would incur charges for hourly services.

Ms. Sudano gave assurance that the town would not incur excessive charges.

Board members agreed that the contract should be approved in “not to exceed” language and that the burden should be on Mulkey Engineering to keep the town posted as to its remaining hours.

Action: The Board approved a motion to enter a professional services agreement with Mulkey & Associates in an amount not to exceed $25,000 for traffic signal and construction administration services for the Sunset Lake Road intersection project.

Motion By: VanFossen

Second By: Womble

Vote: The motion carried following a 3-1 vote.  Commissioners Taylor, Womble and VanFossen voted for.  Commissioner Atwell voted against.

A copy of the Mulkey & Associates agreement is incorporated into these minutes as  addendum pages.

 

At this time, the Board yielded the floor to residents who wanted to address the Stinson Avenue project.


Kelly O’Hara  -- Ms. O’Hara said she is concerned that the sight distance at the intersection of Baygall and Stinson Avenue Extended would be unsafe for pedestrians.  She also noted that copperheads nest in the area of the lower playing field at W.E. Hunt Community Center, and residents are concerned.

Debbie Rad – Ms. Rad addressed similar concerns with the street-paving project.

Ms. Sudano noted that curbing will lessen by at least half the amount of water that drains off of Stinson and that this may alleviate wet conditions in which copperheads thrive.  She added that changes to the Stinson Avenue paving project plan may also address concerns about pedestrians.

The board members agreed that after the project is completed as amended, the town would monitor the finished roadway for any needed improvements.

 

At this time, 10:20 p.m., the board recessed for five minutes.  As the board reconvened, a quorum of the board was still present.

 

Items Removed from the Consent Agenda during Agenda Adjustment:

7b. Ordinance 04-05, Backflow Prevention Devices ‑ Commissioner VanFossen explained that he requested that this item be removed from the Consent Agenda because wording in the some sections of the amended ordinance were at odds with the board’s previous direction.

            The town clerk and town attorney explained that staff could go back through and correct all references to be in agreement with the board’s intentions.

            Commissioner VanFossen also noted that wording of the ordinance indicates that RPZ devices must be installed “immediately behind” the service meter.  He said he is considering installation of some RPZ devices “beside” the meter, and he wanted to ensure that a change was made to the verbiage.

            The town clerk suggested that the ordinance be amended to read “behind or beside” the service meter.  Although the word “behind” in the ordinance was intended to require RPZ installation on the “customer side” of the meter, the words “behind or beside” would provide clarification, she added.

Action:  The Board approved a motion to adopt Ordinance 04-05, as amended to catch all references to changes directed by the board and to clarify the meaning of “behind”, amending the town code pertaining to installation and inspections of back-flow and cross-connection prevention devices.

Motion By: Womble

Second By: VanFossen

Vote: Unanimous

A copy of the Ordinance 04-05 in final draft form is incorporated into these minutes as addendum pages.

 

7c.  Irrigation System Meter Policy -P-007 ‑ Commissioner VanFossen explained that he requested that this item be removed from the Consent Agenda because not all references in the amended policy statement were in agreement with the board’s direction.

            He also noted that the statement requires installation of RPZs “immediately behind” the meter

            The town clerk and town attorney agreed that not all language had been addressed throughout the policy statement and could be corrected.

Action:  The Board approved a motion to amend Policy Statement PS-007, Irrigation System Meters, to reflect action taken by the Board on March 16.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

A copy of the amended Irrigation System Meter policy statement in final draft form  is incorporated into these minutes as addendum pages.

 

7d.  Resolution 04-14 -- Commissioner VanFossen explained that he requested that this item be removed from the Consent Agenda because he wants a bit of discussion.

Commissioner VanFossen said he was uncomfortable with the state law because it provides only for a two-year period for a property owner to claim vested rights, and he believes that may not be adequate to protect property owners.

After much discussion, the town attorney explained that the issue before the board is a resolution to change the town’s development standards manual to provide a procedure to implement state law regarding vested rights.  He said if the Board chooses not to adopt the procedure, the state law still would apply, but the town would not have a procedure to follow in processing a claim for vested rights.

Commissioner VanFossen said he still was uncomfortable with the law and would prefer if the town could somehow notify property owners when their vested rights might be affected.

Action: The Board adopted Resolution 04-14 to amend the Development Procedures Manual by adding Section 2.05, Zoning Vested Rights procedure.

Motion By:  Atwell

Second By: Womble

Vote: The motion carried following a 3-1 vote.  Commissioners Taylor, Womble and Atwell voted for.  Commissioner VanFossen voted against.

A copy of the Resolution 04-14 is incorporated into these minutes as addendum pages.

 


9a.  Wastewater Treatment Plan Design Proposal and Budget Amendment - Ms. Sudano said that at the last Town Board retreat, a decision was made to proceed immediately with design of the expansion of the Town's wastewater treatment plant to 2.4 mgd.  She said that the Board further granted an exception to the Town's Consultant Selection Policy Statement, and provided direction on the firm to be used on this project.

Ms. Sudano explained that in follow up to the retreat, staff met with consultants of Davis, Martin and Powell Engineering, and Greene Engineering, and secured a proposal for design services.

Ms. Sudano said that the proposal includes only awarding of Phase 1, scope of work.  She said there are several changes to the contract that staff has requested, including reduction of the design completion time to 6 months, as well as requesting that the contract include signatures of both Mr. Powell and Mr. Greene (both principals of the firms involved in completing this work for the Town).

Ms. Sudano said that approximately $60,000 would be spent in this budget year with consideration of a budget amendment, and the remaining balance of funds would be spent in FY 2004-05 budget year. 

Action: The Board approved a motion to adopt a budget amendment in the amount of $60,000 for costs in FY 2003-04 and to enter agreements with Davis, Martin and Powell Engineering, and Greene Engineering, for design of the wastewater treatment plant (Phase 1 only) with the following conditions:

1.                            Staff’s comments are to be incorporated in the contract as noted before execution.

2.                            The remaining balance of the $347,000 total contract (less the $60,000 to be paid in FY 2003-04) is to be considered in the FY 2004-05 budget year.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of the draft Davis, Martin and Powell Engineering and Greene Engineering professional services agreement and budget amendment are incorporated into these minutes as addendum pages.

 

9b.  Land Use Element Update - Ms. Bailey explained that in November town staff started the process of updating the Land Use Element of the Ten‑Year Comprehensive Growth Plan by creating a preliminary schedule of benchmark dates, and a survey to evaluate views on growth within the town.  She said on February 23rd the Board held a Special Meeting to discuss in greater detail the visions they had regarding the growth of Holly Springs.  She said the Board discussed the town boundaries, activity nodes, commercial designations and their locations, and residential designations.  She said that staff used the information obtained from the special meeting to create a draft land use map and draft descriptions of land use designations.

Ms. Bailey said the primary modifications and additions that staff has made to the Residential land use designations include the following:

·                      The Rural Preservation classification was removed with the thought that this avenue could be explored through area studies after the revised land use map and land use designations have been adopted.

·                      The Medium Density land use designation was modified to allow for densities of up to 3.25 units per acre, and lot sizes that can be as small as 10,000 square feet, or 7, 500 square feet with the use of development incentives.  (The current moderate density land use designation allows for 2 to 5 units per acre, which means that it allowed for lots as small as 8,000square feet, or 5,000 square feet with development incentives.)

·                      The High Density land use designation was modified to allow for densities of up to 4.50 units per acre, and lot sizes that can be as small as 8,000 square feet, or 5, 000 square feet with the use of development incentives.  (High Density residential in the current land use plan is designated for 5 units or more.)


·                      A Very High Density category was created to allow for up to 15 units per acre for multifamily development. 

 

 

RESIDENTIAL LAND USE CLASSIFICATIONS

 

 

 

CLASSIFICATION

 

EXISTING DESIGNATIONS

 

PROPOSED 02/23/2004 DESIGNATIONS

 

FINIAL PROPOSED DESIGNATIONS

 

Low Density

 

2 or fewer units/acre         

 

Up to 2 units/acre

 

Up to 2 units/acre

 

Rural Preservation

 

3 or fewer units/acre

 

REMOVE

 

N/A

 

Moderate/Medium Density

 

2 to 5 units/acre

 

Up to 3.25 units/acre

 

Up to 3.25 units/acre

 

High Density

 

More than 5 units/ acre

 

Up to 4.50 units/acre

 

Up to 4.50 units/acre

 

Very High Density (Multifamily)

 

N/A      

 

Up to 15 units/acre

 

Up to 15.00 units/acre

 

Ms. Bailey explained that during the Town Board Special Meeting the decision was made that Activity Nodes should be removed from the Land Use Map because of their ambiguous nature.  She said that discussion was also held on the fact that it would be appropriate to have properties along Holly Springs Road and the NC 55 Bypass designated for non‑residential use.  She said with the removal of the activity nodes, the creation of a Mixed Use designation, and the decision to allow non‑residential uses to occur along the NC 55 Bypass and Holly Springs Road, there was an increase the amount of land designated for non‑residential uses.

Ms. Bailey reviewed with the Board the primary modifications and additions that was made to the non‑residential land use designations include the following: 

·                      A Park and Institutional designation was added to dispel the possibility of the development community mistaking what appear to be large vacant parcels of land on the land use plan for land that can be developed.  It will also assist citizens in realizing what areas have been claimed for public recreational, and/or educational use.

·                      The Commercial designation, which allows for large retail uses that may include outdoor sales and/or storage have been located in areas where the current land use plan has the land designated for a Community Activity Center (CAC) node, or in areas that are considered to be in close proximity to high volumes of commuter traffic.

·                      Business designation is a modification to the existing Office designation, which only allowed for office and institutional development.  The Business designation allows for commercial and office based development that can meet the needs of adjacent neighborhoods.

·                      The Mixed Use designation was created primarily to provide transitional space between the commercial designation and residential development.  It was also created to make the development community aware of the flexibility and variety of development style the town would like to see.

 


Non‑Residential Land Use Classifications

 

EXISTING CLASSIFICATIONS

 

PROPOSED CLASSIFICATIONS

 

SUMMARY DESCRIPTION

 

N/A

 

Park and Institutional

 

Identifies areas of town that officially contain public recreation, community, and institutional facilities.

 

Highway Commercial/  Commercial

 

Commercial

 

High Density, High Volume commercial uses characterized by outdoor display or sales of merchandise.

 

Office   

 

Business

 

Provides for non‑residential revitalization, reuse, and infill development.  Allows for pedestrian oriented retail, service, and office uses.

 

N/A

 

Mixed Use

 

Allows low intensity business activity in small scale mixed use buildings, also allows single family and multifamily development.

 

Industrial

 

(Remain the same)

 

Provides for the life science industry, warehouse use, as well as “clean” manufacturing and processing plants.

 

Action: The Board directed town staff to explore incentive options to encourage development of larger residential lots.

 

10.  Public Comment: This section of the agenda was addressed when the Town Board allowed citizens desiring to speak to do so earlier in the meeting.

 

11.  Other Business: Commissioner Atwell suggested, and the board members present agreed, that staff initiate the process of amending the town charter by ordinance so that commissioners would be referred to as councilmen/council members to reflect the town’s council-manager form of government.

 

12.  Manager’s Reports: None

 

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 relating to whether to authorize additional settlement authority for obtaining right of way in the Sunset Lake Road intersection project.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

 

General Account of Closed Session – April 6, 2004

In Closed Session, Mr. Schifano asked for the board to provide him authority to increase amounts being offered to property owners for right of way, due to some appraisals explained that he is preparing to approach property owners regarding the Town’s obtaining right of way for roadway improvements.  He received direction from the Board on how to proceed in making purchase offers.


-- End General Account

 

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

 

13.  Adjournment:  There being no further business for the evening, the April 6, 2004, meeting of the Holly Springs Board of Commissioners was adjourned at 12:02 a.m. following a motion by Commissioner Atwell, a second by Commissioner VanFossen 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.