6/15/04 Meeting Minutes, Town of Holly Springs

Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, June 15, 2004

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 15, 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 p.m. A quorum was established as the mayor and four board members were present as the meeting opened.

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

Board Members Absent: Commissioner Mike Taylor.

Staff Members Present: Carl Dean, town manager; John Schifano, town attorney; Joni Powell, town clerk (recording the minutes); Jennifer Mizelle, economic development director; Gina Bobber, director of planning and zoning; Alysia Bailey, planner II; Rodney Campbell, lead development inspector; Kendra Stephenson, project engineer; Erika Phillips, human resources officer; and Larry Boykin, assistant finance officer.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Pastor Ken George, pastor of Covenant Faith Ministry Church of Holly Springs.

4. Agenda Adjustment: The June 15, 2004 meeting agenda was adopted with changes, if any, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous

Items Added to the Agenda: Setting a special meeting with the Planning Board for 6 p.m. Wednesday, June 23, 2004 for the purpose of discussing the role and expectations for the Planning Board was added to the Consent Agenda as Item 7n.

Consent Agenda Items Removed: Commissioner Womble requested that Item 7d., amendments to the town’s personnel policy, be removed and placed under New Business for discussion. This was added to the original motion by an amendment by Commissioner Dickson and a second to the amendment by Commissioner Atwell.

Other Changes: None.

5a. Public Hearing: Zoning Petition 04-REZ-06, 1201 S. Main St. - Ms. Bailey explained the Town has received a zoning petition requesting that 3.75 acres located at 1201 S. Main Street be rezoned from Local Business district (LB); to R-MF-15 CU: Multi-family Residential, Conditional Use. She said this proposed rezoning is located within an area that is designated as a Community Activity Center Node (CAC) in the Ten-Year Comprehensive Growth Plan, which calls for larger retail users, with a high-density residential development around the fringes of the commercial.

She said staff and the planning board have reviewed the petition and recommend approval.

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 approve Zoning Petition #04-REZ-06 for 3.75 acres at 1201 S. Main Street from LB: Local Business district to R-MF-15 CU: Multifamily Residential Conditional Use as submitted by SMG Development & Construction Company with the following three (3) Conditional Use Permit restrictions:

1. No waivers will be requested for the use of aluminum or vinyl siding;

2. All buildings, including a planned community building, shall be constructed using all five (5) of the design and appearance requirements, although only four (4) are required; and

3. Shared access along the southern property line shall be provided for adjacent property owners.

Motion By: Womble

Second By: VanFossen

Vote: Unanimous

5b. Public Hearing: Zoning Petition 04-REZ-07, S. Main at Hwy. 55 Bypass - Ms. Bailey explained that the Town has received request for the rezoning of 9.62 acres located on the east side of the NC 55 Bypass and S. Main Street intersection from Local Business district (LB); to R-MF-15 CU: Multi-family Residential, Conditional Use. She said this proposed rezoning is located within an area that is designated as a Community Activity Center Node (CAC) in the Ten-Year Comprehensive Growth Plan, which calls for larger retail users with high-density residential development around the fringes of the commercial.

Susan Kelly, 305 Occidental Drive – Ms. Kelly asked if there would be an access through Waterpoint or if access would be Hwy. 55.

Commissioners explained that this issue would be addressed at the site plan review stage and cannot be considered during the rezoning question.

With that explanation completed, Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.

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

Commissioner Dickson said he would prefer that the property remain Local Business since it is located on Hwy. 55.

Mr. Dean explained that NCDOT has stated that full access to the property would not be allowed of Hwy. 55. Because access is going to be limited, it is not a viable business site.

Action: The Board approved a motion to approve Zoning Petition #04-REZ-07 for Wake County PIN# 0658.05-07-1808 and the remaining 5.65 acres of Wake County PIN #0658.09-07-5417 from LB: Local Business District to R-MF-15 CU Multifamily Residential Conditional Use as submitted by SMG Development & Construction Company with the following two (2) Conditional Use Permit restrictions:

1. No waivers will be requested for the use of aluminum or vinyl siding;

2. All buildings, including a planned community building, shall be constructed using all five (5) of the design and appearance requirements, although only four (4) are required.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

5c. Public Hearing: Annexation Petition A04-07 - Ms. Bailey explained that the Town has received a petition from Holly Homes LLC for voluntary annexation of l6.08 acres located within the Sunset Ridge subdivision between Gable Ridge Lane and Norwalk Street. Ms. Bailey said that the petition meets all the statutory requirements for annexation.

Commissioner VanFossen asked to be recused from discussion and action on this agenda item.

Action: The Board approved a motion to recuse Commissioner VanFossen from discussion and action on this agenda item because of his association with the development of the property.

Motion By: Atwell

Second By: Womble

Vote: Unanimous

At this time, a quorum of the Board was still present with Commissioners Womble, Atwell and Dickson and Mayor Sears.

With the subject 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 A04-07 to annex 6.08 acres owned by Holly Homes LLC., more particularly described as Wake Count Pin: 0750-04-61-2716.

Motion By: Womble

Second By: Atwell

Vote: Unanimous

A copy of Ordinance A04-07 is incorporated into these minutes as addendum pages.

Action: The Board approved a motion to readmit Commissioner VanFossen into the

meeting.

Motion By: Womble

Second By: Dickson

Vote: The vote carried following a 2-1 vote. Commissioners Womble and Dickson

voted for. Commissioner Atwell facetiously voted against.

5d. Public Hearing: Ordinance 04-09, UDO Amendment - Mr. Campbell 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 a requirement of a 25-percent warranty bond. Developers say the expense associated with processing these bonds is cost-prohibitive, and the bonds tie up their money needed for a project.

He said that after research, staff recommends that the Board amend UDO Section 9.05, B., UDO Permit and Development Petition Requirements and Procedures, 5, f, (2) Warranty Bonds, to modify the amount of warranty bonding required from 25 percent to 10 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.

Commissioner VanFossen said he would rather see the Town retain the 25 percent warranty bond requirement and perhaps offer a discounted warranty bond requirement for developers who prove themselves with quality work.

Mr. Schifano said his recommendation would be to apply any warranty bond requirements equally to all developers because whether a developer is providing quality work would be a subjective decision, and staff and the Town should not be placed in that position. Action: The Board approved a motion to adopt Ordinance 04-09, (04-UDO-02) to amend Section 9.05, B., UDO Permit and Development Petition Requirements and Procedures, 5., f., (2) Warranty Bonds, changing the required amount of warranty bonds from 25 percent to 10 percent.

Motion By: Womble

Second By: Atwell

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

A copy of Ordinance A04-09 is incorporated into these minutes as addendum pages.

5e. Public Hearing: 10-Year Comprehensive Growth Plan Land Use Element – 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 conducting a survey to evaluate views on growth within the town. She said that on February 23, the Board held a special meeting to discuss in greater detail the visions they had as a board regarding the growth of Holly Springs. The Board discussed topics such as the town boundaries, activity nodes, commercial designations and their locations, and residential designations.

Ms. Bailey said the primary modifications and additions that have been 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 multi-family development.

See Table:

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 said 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. There were discussions 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 that with the removal of the activity nodes, and 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 in the amount of land designated for non-residential uses.

Ms. Bailey said the primary modifications and additions that were 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.

See Table:

Non-Residential Land Use Classifications

EXISTING CLASSIFICATIONS	PROPOSED CLASSIFICATIONS	SUMMARY DISCRIPTION
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.

Ms. Bailey said that town staff and the Planning Board recommend adoption of Resolution 04-31 amending the 10-Year Comprehensive Growth Plan Land Use Element as outlined.

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.

Ms. Bailey pointed out that one additional modification to Non-Residential uses would be the designation of Omini Industrial Park. She noted that the properties are currently zoned Warehouse Distribution and that some owners have indicated an intent to request Light Industrial zoning.

Commissioner VanFossen said he felt like the 10-year Comprehensive Growth Plan is a long-range plan that generally labels properties. He said the Land Use Map designation of Business, he said, would suffice.

Staff pointed out that it is staff’s responsibility to ensure that all plans and petitions are in keeping with the 10-Year Comprehensive Plan adopted by the Town Board. Therefore, if a rezoning petition comes forward for Omni Industrial Park requesting anything more intense than a Business zone, then staff would have to recommend denial of the petition because it would not be in keeping with the 10-Year Plan mandated by the Board.

Commissioner VanFossen said he agreed that the property owned by David Sharpe should be designated light industrial.

At this time, Mr. James Minor addressed the Mayor from the audience and asked permission to provide public hearing comments because before he realized it, the public hearing was closed.

The Board welcomed Mr. Minor to the podium

His comments for the record:

James, Minor, 902 Andersonwood Drive, Fuquay-Varina – Mr. Minor said that the

southern portion of the Land Use Plan illustrates an area that appears to also be in Fuquay-Varina’s planning area. He asked for a clarification.

Ms. Bobber explained that there is an overlap shown on the Land Use Map and that the towns of Holly Springs and Fuquay-Varina would be agreeing on a service line in the future. The Land Use Map line would be adjusted accordingly.

In further discussion regarding the Omni Industrial Park parcels, Commissioner Atwell said he liked a combination zoning designation for these few lots.

Action: The Board approved a motion to adopt Resolution 04-31 amending the Land Use Element of the Town of Holly Springs Comprehensive Growth Plan, effective June 15, 2004, to adopt a new Introduction section and amending the Land Use Element and Land Use Map to include a modification for the designation of Omni Industrial Park that it would be compatible with either a designation of Industrial or Business.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Resolution 04-31 is incorporated into these minutes as addendum pages.

6a. Assets Build Character Grant – Ms. Lesli Doares, chairman of the Assets Build Character organization, presented the Board with a grant application requesting $5,000 to cover the program’s operational expenses for this year.

Commissioner Atwell suggested that events of the type sponsored by ABCs could be handled by town leisure programs. He asked if Ms. Doares could meet with Mr. Dean to coordinate some of these projects rather than funding an outside agency to sponsor dances for teens.

Mayor Sears suggested that the $250 left in the Special Programs Contributions line item be given to the group to carry it through the summer family movie nights and that the Board revisit further funding in the future from the FY 2004-05 budget.

Action: The Board approved a motion to grant the Assets Build Character $250 to carry the group throughout the summer with future funding to be considered in the fall following the group’s coordination of efforts with the Town’s parks and recreation programs.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

6b. Holly Springs Virtual Tour – Ms. Mizelle presented for the Town Board’s information a new marketing tool for the town: a virtual tour featuring the quality of life and business opportunities in Holly Springs.

Action: None.

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

7a. Resolution 04-29 - The Board adopted Resolution 04-29 recertifying the Town of Holly Springs zoning map. A copy of Resolution 04-29 is incorporated into these minutes as addendum pages.

7b. Town of Angier Inter-local Agreement – The Board entered into an inter-local agreement with the Town of Angier to provide building inspection services to the Town of Anger. A copy of the Town of Anger and Holly Springs Inter-local Agreement is incorporated into these minutes as addendum pages.

7c. Capital Area Metropolitan Planning Organization Inter-agency Agreement – The Board entered into an inter-agency agreement with the Capital Area Metropolitan Planning Organization. A copy of the Metropolitan Planning Organization agreement is incorporated into these minutes as addendum pages.

7d. Personnel Policy – This item was removed from the Consent Agenda during agenda adjustment.

7e. BHME Contract Amendment - The Board approved a contract amendment with BHME for additional roadway design work at the Sunset Lake Road and Holly Springs Road intersection. A copy of the BHME contract amendment is incorporated into these minutes as addendum pages.

7f. Minutes - Minutes of the Board’s regular meeting held on June 1, 2004 were approved.

7g. Budget Amendments, $61,000 - The Board adopted budget amendments to the CDBG Project Fund in the amount of $61,000 to correct an estimated revenue figure and to close out the fund. Copies of the budget amendments are incorporated into these minutes as addendum pages.

7h. Fair Share and Wastewater Reserve Budget Amendments – The Board adopted budget amendments to the Fair Share Project Fund and Wastewater Reserve Fund to cover additional fees related to the Fair Share utility extension project. Copies of the budget amendments are incorporated into these minutes as addendum pages.

7i. Budget Amendment, $50,000 – The Board adopted a budget amendment to the 911 Call Center Project Fund in the amount of $50,000 to cover costs associated with installation of equipment. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7j. Budget Amendments, $25,000 – The Board adopted budget amendments to the FY 2003-2004 Utility Fund in the amount of $25,000 to cover a board-approved contract with Tetra Tech Inc. for modeling of Utley Creek. Copies of the budget amendments are incorporated into these minutes as addendum pages.

7k. Budget Amendment, $8,700 – The Board adopted a amendment to the FY 2003-04 General Fund in the amount of $8,700 to receive reimbursement from NCDOT for roadside mowing. A copy of the budget amendment is incorporated into these minutes as an addendum page.

7l. Resolution 04-32 – Resolution 04-32 supporting pending storm water management legislation was adopted. A copy of Resolution 04-32 is incorporated into these minutes as addendum pages.

7m. Twelve Oaks Developer Agreement – The Board approved to authorize town stall to make amendments to the Twelve Oaks developer agreement.

7n. Special Meeting – The Board set a special meeting to be held with the Planning Board at 6 p.m. Wednesday, June 23, 2004 for the purpose of discussing the role and expectations of the Planning Board.

8a. 201 Facilities Plan Agreement with Davis, Martin, Powell – Ms. Stephenson said that on May 20, 2003, the Town Board approved a contract with Davis, Martin, and Powell (DMP) for development of a 201 Facilities plan. The 201 Plan is a requirement for receiving state revolving loan funding (SRF) for the wastewater plant expansion project, and other wastewater regional projects.

The plan must include analysis of the specific improvements, alternatives, and plans available to the Town to meet the wastewater need.

She said that since approval of the initial contract with DMP for a 201 plan, the scope of work necessary to include in the plan has been enhanced in scope to include different wastewater alternatives that the Town is studying, so that the Town can be eligible for the low-interest SRF funds for implementation of those alternatives.

Ms. Stephenson said that the request is to amend the original professional services agreement and to increase the contract amount by $25,000, for a total of $50,000.

Action: The Board approved a motion to approve Amendment No.1 to a professional services agreement with Davis, Martin and Powell and adopted a budget amendment in the amount of $25,000 to cover the cost of additional services.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

A copy of the Davis, Martin, Powell contract amendment and associated budget amendment are incorporated into these minutes as addendum pages.

8b. Stinson Avenue and Womble Parking Staking - Ms. Stephenson said that staff has completed construction plans for the Stinson Avenue Extension and Womble Park parking lots. She requested that the Board approve a construction staking contract with Mauldin-Watkins Surveying, P.A., to include staking the clearing limits, rough grades, curb and gutter, storm sewer, fire hydrants, parking lots, and sediment basins. The cost of services is $14,850, including a 10% contingency.

Action: The Board approved a motion to approve a construction staking contract with Mauldin-Watkins, Surveying, P.A., for staking work on Stinson Avenue and Womble Park parking lots in the amount of $14,850, including a 10% contingency.