Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, Feb. 6, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Feb. 6, 2001 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Parrish L. Womble presided, calling the meeting to order at 7:36 p.m. A quorum was established as the mayor and all five commissioners were present as the meeting opened.

Board Members Present: Commissioners Tim Sack, John Schifano, Chet Van Fossen, Peter Atwell and Hank Dickson and Mayor Womble.

Board Members Absent: None.

Staff Members Present: Ricky Blackmon, interim town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Cecil Parker, chief of public safety; Gina Bobber, planning director; Len Bradley, director of parks and recreation; Stephanie Sudano, director of engineering and Scott Mitchell, town engineer.

Others Present: Members of the Holly Springs Planning Board, including Chairman Victoria Judd and members Bill Banks, Glen Myrto, Lisa Martin and Jonathan Gibbons. A quorum of the Planning Board was established for the purpose of two joint public hearings scheduled for the evening.

2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.

4. Agenda Adjustment - The Feb. 6, 2001 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Dickson
Motion Seconded By: Atwell
Vote: Unanimous.
Items Added to Agenda: None.
Consent Agenda Items Moved to New Business: None.
Other Changes: None.

5a. Joint Public Hearing: 00-PUD-04, Winding Creek PUD - Mrs. Bobber explained that the public hearing is for the purpose of receiving input from the public before the Planning Board and Town Board on the question of the concept of the proposed Planned Unit Development.

She explained that approval of the Planned Unit Development Overlay District does not grant approval for construction or development of the property. Once the master plan for the Planned Unit Development is approved, the developer would be required to submit detailed subdivision plans as development occurs to ensure compliance with the approved PUD Master Plan. These plans currently are processed through the full review cycle and are presented to the Planning Board and Town Board for review and approval. Town Ordinance allows for the Subdivision Plan to be submitted simultaneously with the PUD proposal. She added that the developer has submitted the first phase subdivision to the Town for consideration.

Ms. Bobber said that since the proposed Planned Unit Development is at the Public Hearing stage, only basic background and general information is provided.

She explained that the Winding Creek Planned Unit Development is a proposed 101-acre residential development for single-family homes and townhomes. The plans also indicate 41 acres, including the existing farm pond, to be set aside for open space and possible dedication to the Town. This PUD does not include any non-residential use areas, she added.

Ms. Bobber explained that the subject property is located south of the Arbor Creek PUD; north of the Windcrest Farms PUD; and west of the Sunset Ridge North II PUD. The property is currently zoned R-20: Residential-Agricultural. She noted that action would not be requested as procedures call for the PUD application to be referred to the Planning Board for review and recommendation back to the Town Board following the joint public hearing.

Ms. Bobber highlighted the contents of the PUD application from the planning and zoning report. The planning and zoning report is a part of the PUD application documents and is hereby incorporated into these minutes by reference.

Mrs. Sudano addressed the Board to provide the Planning Board, Town Board and public information about the proposed rezoning from a hydrology, access, adjacent street impacts and construction impacts perspective. The engineering report is a part of the PUD application documents and is hereby incorporated into these minutes by reference.

Mrs. Sudano said that staff anticipates recommending that if the PUD application is approved, that the following conditions be applied: that a turn lane be required to be installed on Hwy. 55; that the developer participate in the installation of a traffic signal on Hwy. 55; that all Neuse River basin buffer requirements be observed; and that a drainage study of the property be performed at construction drawing stage.

Mr. Bradley's park and recreation review states that, using the minimum number of lots (304), more than 10 acres would be required as open space. Town Ordinance also provides that land dedication of between 8.5 and 15 acres would be required as park space; and a fee-in-lieu of land dedication on the project would total an estimated $228,000.

Mr. Bradley reported that although the developer has offered a total of 41+ acres for dedication to the Town, only a small percentage of that is suitable for park area. Mr. Bradley said a combination of fee-in-lieu, trail construction and actual land dedication will most likely be recommended.

With that explanation completed, Mayor Womble opened the public hearing, giving each of 16 speakers up to three minutes to address the Board.

The following comments were offered:
Don Mizelle, of Spaulding & Norris and on behalf of the developer - Mr. Mizelle spoke in favor of the application. He explained that the property is adjacent to Arbor Creek PUD and also is located in an area designated on the Town's comprehensive growth plan for inter-connected subdivisions. He said Winding Creek would be one of several developing neighborhoods that would eventually be linked together. He said there would be seven future access roads into the property and one existing that is 31 feet back-to-back. He said there would be a large amount of open space for dedication to the town and inter-connecting greenways.

Stephanie Norris, of Spaulding & Norris and on behalf of the developer - Ms. Norris spoke in favor of the application and indicated that changes would make the plan more appealing to Arbor Creek residents. She also indicated that the developer is willing to make adjustments to the plan, if feasible.

Ms. Norris said she and others from the design firm had met with adjacent homeowners and discovered that residents have three main issues of contention with the proposal: the homeowners association and its relationship to Arbor Creek; construction traffic through its development to get to Winding Creek; and the potential over-burdening of the existing Arbor Creek amenities, which Winding Creek residents would be allowed to use.

Ms. Norris said Arbor Creek residents have been living with construction traffic since 1995 and are looking forward to seeing it end. She conceded that the property does not have any other access in the form of a public right-of-way, but she added that the developer is looking into other options, including the possibility of using the existing CP&L easement or a private road through other property.

Patrice Alexander, 102 Wellspring Drive - Ms. Alexander explained to the Board that several members of the Arbor Creek community would be addressing the Board with separate concerns. She said that, as a group, the residents are concerned that the proposal in its current state does not provide for direct external access to a primary road for either construction or as a main access road when the development is built-out. She said she is opposed to the application as are those who signed a petition requesting that the Town Board deny the application as it is presented.

A copy of Ms. Alexander's written comments are incorporated into these minutes as addendum pages.

Ed Kirby, Arbor Crest Road - Mr. Kirby, who is opposed to the application, said his comments were geared to the potential ruination of the current quality of life in Arbor Creek, especially as neighborhood safety may be compromised by increased traffic on streets that are not designed as thoroughfares.

Mr. Kirby said he feels that the developer should invest more money into the proposal in order to secure a direct access from Hwy. 55. He said he feels the developer is simply going to use Arbor Creek in order to save money in developing a new neighborhood. Mr. Kirby also pointed out that he feels that increased traffic on the neighborhood streets of Arbor Creek will eliminate the small-town traditional neighborhood setting of his area.

A copy of Mr. Kirby's written comments are incorporated into these minutes as addendum pages.

Dave Garrett, 309 Arbor Crest Road - Mr. Garrett, who is opposed to the application as presented, addressed traffic concerns. Mr. Garrett said he questions traffic projections and results of the traffic study contained in the PUD documents. Mr. Garrett said he enlisted the aid of two professional engineers and a certified planner for the review of the PUD documents. He said the findings were contrary to the information contained in the PUD application.

In summary, Mr. Garrett said that the traffic study finds that the intersection of Hwy. 55 and Arbor Creek Drive would operate at a level of service of F. He added that every attempt should be made to increase the level of service of this intersection to a minimum of D. Recommendations made by all three of the professionals on his team state that the most viable option to upgrade the level of service of this intersection would be to require a direct access to Winding Creek from Hwy. 55 and to not use the Arbor Creek intersection as proposed.

A copy of Mr. Garrett's written comments are incorporated into these minutes as addendum pages.

Jerry Martin, Arbor Crest Road - Mr. Martin is opposed to the application. He said the increased flow of traffic and its impact on Arbor Creek is a major concern. Mr. Martin pointed out that Arbor Crest Road, which is proposed as the access is still privately maintained and he asked who would be responsible for maintenance and repairs following damage caused by construction traffic.

Mr. Martin added that if the plan featured its own NC 55 direct access, it would resolve all the issues he has by bleeding off most of the volume of traffic. He noted that all three future access points coming out of the rear of the development that could be immediately operational would not help because they are located in the south of the property. He stressed that a direct access to Hwy. 55 should be a mandate if the PUD is approved.

Ian Sands, 108 Arbor Glen Ct. - Mr. Sands opposes the application. He said that he truly does not feel like he is saying "Not In My Backyard," but he does have a concern with the potential threat to the safety of children and the quality of life in his neighborhood. Mr. Sands presented the Board with the signed petition mentioned by Ms. Alexander. The petition statements read:

"We, the residents of Arbor Creek, petition the Town of Holly Springs to stop the developers of Winding Creek Subdivision from using Arbor Crest Road, Wellspring Drive and Goosebury Drive as an outlet to Winding Creek.

We, the residents of Arbor Creek, are concerned first and foremost about the safety of our children who play along these roads; secondly, the fact that a quiet "family" neighborhood will be turned into a busy throughway; and third that our yards and roads will be contaminated by litter and debris caused by construction vehicles.

We, the residents of Arbor Creek, do not want residents of Winding Creek Subdivision to have access to our pool and other amenities."

A copy of the petition is incorporated into these minutes as addendum pages.

Steve Tedder, 117 Morena Drive - Mr. Tedder said he is opposed to the PUD application, but because of a broader concern than just its potential effect on his neighborhood. He said he is concerned about those impacts as well, and he said he supported those positions.

However, he said he knows Town Staff is working with state regulators to show how well Holly Springs controls its growth, but he feels that this plan does not reflect that ideology. He said he felt the proposals represented a poorly-planned development. He said he was concerned because the Town's wastewater treatment plant is reaching its capacity. He urged the Town Board to say "yes" to good development but to send this particular plan back to the drawing board.

Lisa Schlack, 101 Bottlebrush Ct. - Ms. Schlack is opposed to the plan. She said her concerns were about traffic and increased traffic congestion, especially large construction traffic.

Justin A. Winter, 309 Goosebury Dr. - Mr. Winter is opposed to the plan. He said he is not pleased at the potential for extra traffic on Hwy. 55. He suggested that the Town should get that problem resolved first and then worry about approving new projects. He said he hoped the Town Board would put more thought into the impact of new residential developments on existing development.

Frank Price, traffic engineering firm for the developer - Mr. Price addressed the Board, advising that the traffic study in the PUD documents was based on the Town's master plan for the area, which featured street inter-connectivity. He said the streets will by themselves carry the traffic as they were planned. He agreed that if direct access is provided, then traffic can be assigned to that roadway and the traffic impact study for the Winding Creek PUD would be more favorable. He said he understands the concerns residents have about additional traffic.

Randy Gage, 404 Firefly Road - Mr. Gage said he would prefer that the developer build a shopping center or other commercial project in Holly Springs. He said he is concerned, too, that only a stopsign directs traffic at Arbor Crest Road.

Brenda Landes, Firefly Road - Ms. Landes is opposed to the plan. She said her concerns are about traffic, but unlike other speakers, she feels other accesses will not be used and would not alleviate traffic.

Carla Jungen, 104 Arbor Creek Ct. - Ms. Jungen is opposed and said she supports positions stated by others during the public hearing.

Pat Scollon - Mr. Scollon is opposed and said he supports positions stated by others during the public hearing.

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

At this time, Commissioner Schifano expressed an interest in taking action on the PUD application right away.

Action: : Commissioner Schifano moved that the Winding Creek PUD application be tabled from being sent to the Planning Board until a direct access to Hwy. 55 was included on the plan. Commissioner Atwell seconded the motion.

Commissioner VanFossen asked if the issue of amenities should be addressed to the satisfaction of Arbor Creek residents because he feels Arbor Creek amenities would be inadequate to also serve Winding Creek. He asked that the motion be amended.

Commissioner Schifano amended his motion. Commissioner Atwell seconded the amended motion.

At this time, there was discussion about procedures. Ms. Bobber advised the Board that the Town Code states that no action can be taken on a PUD application until the Planning Board has reviewed the application and forms a recommendation to the Town Board. She said she wanted the Board to be aware that there could be a legal challenge against the Town by applicant and/or land owner if correct procedures are not followed.

Commissioner Schifano said he felt he did not want to waste staff or Planning Board time and effort with a plan that, in its current state, was not going to gain favor in the end from the Town Board.

Planning Board member Lisa Martin said she felt the Town should take the legal route and follow procedures. She said she feels the Town Board is assuming the Planning Board would recommend approval of the application when it was just as likely that the Planning Board would simply recommend denial of the plant. She urged the Board to have faith in the Planning Board.

Commissioner Sack agreed.

Commissioner Dickson asked what would happen if there was a legal challenge to the Board's action.

Mr. Pearson advised that action taken needs to be able to stand up in court. Mr. Pearson said he would advise that the Town Board follow ordinance.

Mayor Womble pointed out that the joint public hearing provided an opportunity for staff, the Planning Board and the Town Board all to be aware of resident concerns. He said he feels the plan should be forwarded to the Planning Board for review.

Tom Spaulding of Spaulding & Norris asked to address the Board, and Mayor Womble allowed his comments. Mr. Spaulding asked to have a chance to resolve issues of the plan before the Town Board makes a final decision. He said if outstanding issues could not be solved, then the applicant would withdraw the application.

Commissioner Schifano said he maintains his motions and did not want to withdraw either the original or the amended motion.

Commissioner Sack asked what would be the next thing to happen.

Commissioner Schifano said the developer would have to come back to the Town with another plan featuring a direct access to Hwy. 55 and then go back through the approval process.

Vote: Unanimous

At this time, the Board, by mutual agreement, recessed for a few moments while the room cleared. On reconvening, a second joint public hearing was opened.

5b. Joint Public Hearing: 00-PUD-05, Rhamkatte Village - Ms. Bobber explained that the Town has received an application for a Planned Unit Development that is the subject of the night's second joint public hearing. She said Rhamkatte Village PUD is a proposed 102-acre development that includes areas for single-family residential and mixed-use development that can include commercial, office, apartments, and/or townhomes. The proposed intensity of development will create a "Neighborhood Village District" at the intersection of Bass Lake Road and Holly Springs Road, and the Planning Board and Town Board would have to determine whether or not it wants to amend the Town's 10-Year Comprehensive Growth Plan. The proposed Rhamkatte Village PUD is not within the corporate limits of the Town, but is within the Town's ETJ, she added.

Ms. Bobber provided highlights from the planning and zoning report. The planning and zoning report is a part of the PUD application document and is incorporated herein by reference.

Mrs. Sudano provided engineering department comments on the PUD application. She said the major transportation issue would be the realignment of Bass Lake Road to make a T-intersection with Holly Springs Road.

Mrs. Sudano provided other highlights from the engineering report. The engineering report is a part of the PUD application documents and is incorporated herein by reference.

Mrs. Sudano noted that the developer has indicated that this project would not be initiated for some time. She said Staff would recommend approval of the PUD plan, but with a condition that a traffic impact analysis be done in the future to take into account school entrances and the changing nature of traffic in five or six years.

Mrs. Sudano noted that the PUD plan features a nicely gridded inter-connected street plan and a stub out to bridge crossings over Middle Creek.

Commissioner VanFossen asked what would be the purpose of approving the PUD application now if development was not expected for a number of years. Mrs. Sudano said the developer could address that question.

With that explanation completed, Mayor Womble opened the public hearing, and the following comments were offered:
Don Mizelle, representing the property owner - Mr. Mizelle explained that the Jones family wants a plan in place so that they will know what is happening around their vacant property. Approval of the PUD plan would ensure that development surrounding the property would compliment the proposed Rhamkatte Village. In this way, Mr. Mizelle said, the property owner can develop a quality plan rather than being restricted as to how the property is developed in the future because of impacts of new neighboring growth.

Mr. Mizelle said traffic into Rhamkatte Village would not be solely dependent upon Holly Springs Road, but rather inter-connectivity and intra-connectivity of new streets.

Frank Hart, 200 Lake Tillerie, Morrisville - Mr. Hart explained that he owns property bounded by the proposed Rhamkatte Village PUD and another piece of land that also is planned for development. He said his daughter lives in the house on Holly Springs Road.

He pointed out to the Board that if the PUD is approved, development can start immediately, regardless of whether or not the developer indicates that it won't.

He said he is concerned about negative effects on his daughter's home, including construction noise, increased traffic, and a growing dangerous condition his daughter has in getting in and out of her driveway. He said he also feared significant decreases in the property's value since it forms a small enclave.

Mr. Hart said, despite difficulties posed on properties by new development, he finds it equally difficult to oppose growth and progress for the Town and recognizes that housing, shopping, schools, roads and inconvenience are elements of a healthy growing town.

Still, he said, he is concerned about little enclaves like his daughter's home. He asked that the Board stipulate that the developers look at buying the enclave at replacement value; or trading the house and lot at 10332 Holly Springs Road for a house and lot in one of the new developments and avoid capital gains taxes for him as owner.

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

6. CCGC - Mr. John Wood addressed the Board. Mr. Wood explained that the CCGC has been working with an emphasis on the commercial development of Hwy. 55. He added that the framework devised for this corridor could be applied to other identified corridors very quickly.

A copy of Mr. Wood's full report is on file in the Town's planning office, but is not made a part of this official minutes record.

Mr. Wood reported that the CCGC intends to begin its next study with Holly Springs Road to Kildaire Farm Road because commercial development plans are being devised for this corridor now. He said the next logical corridor for study would be the Hwy. 55 Bypass.

No action taken.

7a. Water Reclamation Project - Mrs. Sudano explained that staff is recommending approval of entering a professional services agreement with The Wooten Company for preliminary investigative work for a Town water reclamation (reuse) project. These steps must be initiated at this time in order to begin preparations for a grant application to be submitted to fund the project, she said, adding staff is asking for approval of the first portion of the proposal initially, until such time as the Town has a signed an agreement with the developer of Finisterra.

Mrs. Sudano also reported that staff would require authorization to spend up to $7,000 on this initial phase (first four of six tasks) of the proposal.

She explained that staff will return to the Board at a later date before authorizing action on any of the subsequent tasks in the whole proposal. Since this is a project that was not budgeted in last year's budget, staff proposes to amend the budget and transfer funds from either sewer sales or utility retained earnings in order to cover the cost of the full professional services agreement (estimated at this time to be $22,000). A new "project account" will be established so that all expenses can be tracked and eligible for grant reimbursement at a later date, she said.

Action: The Town Board approved a motion to authorize staff to enter into a professional services agreement with The Wooten Company for initial investigative work for a Town water reclamation project and authorized a budget ordinance amendment in the amount of $7,000 to cover the costs
Motion By: Sack
Second By: Dickson
Vote: Unanimous

7b. Planning Board - Having received applications, the Town Board filled a vacancy on the Planning Board that was created by the promotion of Chet VanFossen to the Town Board during January.

Action: The Board approved a motion to appoint applicant Steve Tedder, 117 Morena Drive, to the Planning Board.
Motion By: Schifano
Second By: Sack
Vote: Unanimous

7c. 00-COM-18, Holly Springs Medical Center - Because he is architect for the subject project, Commissioner VanFossen was excused by the Board.

Motion By: Schifano
Second By: Atwell
Vote: Unanimous

Ms. Bobber explained that the owner of the property has submitted for Site Plan/Zoning Permit approval to construct a 14,700 square foot medical facility on the southeast corner of Holly Springs Road and Johnson Street. The proposed project will provide for a unique building design that tucks the majority of the parking "under" the building, Ms. Bobber said. This is possible due to the severe topography of the site; however, in order for this to be possible, a variance was granted by the Board of Adjustments on Jan. 9, 2001 to reduce the rear yard building setback from 25 feet to 10 feet.

Ms. Bobber said the Planning Board has reviewed the plan and recommends approval with conditions.

Action: The Board approved a motion to approve the Site Plan/Zoning Permit for Holly Springs Medical Center, 00-COM-18 as submitted by Stephanie Norris/Spaulding & Norris, Project Number 255-00, stamp dated Received January 10, 2001 with the following conditions:

1. Prior to submitting for a grading permit or building permit, a site inspection is to be held with the Department of Planning & Zoning to determine which trees and/or vegetation is to remain and determination of preservation credit to be given for retaining the vegetation.
2. The exterior building material of the trash dumpster is to be brick to match the building.
3. The sidewalk shown on Holly Springs Road must extend all the way to the eastern property line or a fee-in-lieu should be paid for the section that is not completed.
4. Construction drawings must be submitted and approved (including any outstanding conditions listed) before construction may begin. (See Planning Board Report)
5. Engineering Staff recommends changing the Holly Springs Road entrance to a right in/right out.

8. Consent Agenda b, c and d - Items 8b., 8c., and 8d on the Consent Agenda were approved following a motion by Commissioner Atwell, a second by Commissioner VanFossen and a unanimous vote. Item 8a was disposed earlier in the evening. The following actions were affected by the motion:

8b. Rhamkatte Village PUD -- The PUD application was referred to the Planning Board for review and recommendation.

8c. Resolution 01-03 -- Resolution 01-03 accepting $3,000,000 grant for the Fair Share utility extension project and authorizing the interim town manager (and successors) to execute associated documents was adopted. A copy of Resolution 01-03 is incorporated into these minutes as an addendum page.

8d. Minutes -- Minutes of the Board's regular meeting held on Nov. 21, 2000 and the continued portion of the Board's Jan. 16, 2001 meeting, which was held Jan. 26-28, were approved.

9. Public Comment - At this time, the Board opened the floor to those in the public who wished to address the Board on any variety of topics not listed on the agenda. The following comments were offered: None

10. Other Business: Commissioner Sack reported that he and Jennifer Carr, the Town's economic development director, met with Sprint during the last two weeks and were advised that the company has put in place a redundant system for this area. He said conduit will be in place along Hwy. 55 bypass, giving properties in the industrial park access to fiber optic lines in the future. He said this would have a tremendous impact on future economic development for the Town.

Commissioner Atwell said he was concerned about the large accumulation of litter along Hwy. 55 North. Commissioners and Mr. Blackmon advised that Town crews has been out during the past week and had cleaned up the corridor. Officials commented on how often the corridor needed to be cleaned up and how relying on the State to provide assistance was not enough.

11. Manager's Reports - Mr. Blackmon reported that the Town had begun advertising in an effort to permanent fill the town manager's position.

12. Closed Session - Commissioner Schifano moved that the Board recess for a few minutes before reconvening in Closed Session, pursuant to G.S. 143-318.11(a)(5) to discuss contractural terms in regard to a potential agreement among the Town, BFI and the developers of Finisterra. Commissioner Sack seconded the motion, which carried unanimously.

Commissioner Atwell moved that the Board return to Open Session. Commissioner Dickson seconded the motion, which carried unanimously. No other action was taken in Closed Session. - End of General Account

15. Adjournment There being no further business for the evening, the Feb. 6, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Schifano, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, April 17, 2001,