11/19/02 Meeting Minutes, Town of Holly Springs

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, November 19, 2002 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Dick Sears presided, calling the meeting to order at 7 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

Board Members Present: Commissioners Steve Tedder, Chet VanFossen, John Schifano Peter Atwell, and Hank Dickson and Mayor Sears.

Board Members Absent:: None.

Staff Members Present:: Carl Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Gina Bobber, director of planning and zoning; Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano, director of engineering; Heather Kiefer, engineering department; Alysia Bailey, town planner; Cindy Ostman and Preston Short of the planning department; Jennifer Mizelle, economic development director and Irena Krstonovic, economic development department.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Darryl Carr of the Holly Springs United Church of Christ.

4. Agenda Adjustment ‑ The November 19, 2002 meeting agenda was adopted with changes, as listed below.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: None.

Agenda Items Removed: None.

Other Changes: Item No. 9, discussion of the Town’s transportation improvement plan, was postponed; Item No. 5d., a public hearing and action on an annexation petition filed by Bryan Properties, was postponed until Dec. 3 and will be readvertised.

5a. Public Hearing: Annexation Petition A02-06 -- Ms. Bobber reported that the town has received a petition from Stafford Land Co., Inc. for voluntary annexation of 1.968 acres of land located at the intersection of Ralph Stephens Road and NC Hwy. 55. The petition meets all the statutory requirements for annexation, she reported.

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 A02-06 to annex property containing 1.968 acres located at the intersection of Ralph Stephens Road and NC Hwy. 55 as submitted by Stafford Land Co. Inc.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of A02-06 Annexation Ordinance is incorporated into these minutes as addendum pages.

5b. Public Hearing: Annexation Petition A02-07 -- Ms. Bobber reported that the town has received a petition for voluntary annexation of 6.0 acres of land located along Sunset Lake Road adjacent to the proposed Newbury Park Subdivision. The petition meets all the statutory requirements for satellite annexation, she reported.

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

Hartwell Neal – Mr. Neal, pastor of Triangle Community Church, spoke in favor of the annexation.

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

Action: The Board approved a motion to adopt Annexation Ordinance A02-07 to annex property containing 6.0 acres located along Sunset Lake Road, adjacent to the proposed Newbury Subdivision as submitted by Triangle Community Church of the First Church of God.

Motion By: Schifano

Second By: VanFossen

Vote: Unanimous

A copy of A02-07 Annexation Ordinance is incorporated into these minutes as addendum pages.

5c. Public Hearing: Annexation Petition A02-08 -- Ms. Bobber reported that the town has received a petition for voluntary annexation of 18.078 acres of land located west of Holly Glen Subdivision. The petition meets all the statutory requirements for annexation, she reported.

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 Atwell expressed concern over saturation in this area without transportation improvements to adequately handle traffic.

Action: The Board approved a motion to adopt Annexation Ordinance A02-08 to annex property containing 18.078 acres located west of Holly Glen Subdivision as submitted by Robert E. Norris, Eddie V. and Barbara J. Hood, Margie Hood and Geneva Hood.

Motion By: VanFossen

Second By: Tedder

Vote: The motion carried 4-1. Commissioners Tedder, Schifano, VanFossen and Dickson voted for. Commissioner Atwell voted against.

A copy of A02-08 Annexation Ordinance is incorporated into these minutes as addendum pages.

5d. Public Hearing: Annexation Petition A02-09 -- This item was postponed until Dec. 3 and will be readvertised.

5e. Public Hearing: Ordinance 02-15, Sign within Rights-Of-Way -- Ms. Bobber reported that a little over two years ago, the Town adopted an amendment to the Zoning Ordinance to regulate weekend directional signage in the rights‑of‑way. Since that time, staff has found that there were several loop holes and that other areas of the ordinance needed clarification and modification. Further, such sign regulations are not included in the recently adopted Unified Development Ordinance since the UDO only addresses land outside of the right‑of‑way, Ms. Bobber said.

All regulations for land within the right‑of‑way (i.e. street improvements, street trees, maintenance, etc.) are in either the Engineering Design Standards or Town Code. Since the signs discussed and included in this amendment are not on private property, rather in public right‑of‑way, the regulations are being moved from the zoning regulations to the Town Code, Ms. Bobber explained.

Ms. Bobber said that the draft ordinance has been expanded to define regulations for other temporary advertising signs such as yard/garage sales, new businesses, special events, and political signs as well as directional signs. It also includes an opportunity for semi‑permanent signage relating to Homeowner Association Information Boards to allow for signs such as those that were installed in Holly Glen, which currently are in violation.

The ordinance also includes special provisions for enforcement and penalties since it would not fall under the UDO violation procedures. The ordinance also raises the limit for the number of real estate signs per subdivision from six to eight.

Ms. Bobber suggested that the draft ordinance be further modified to lengthen the time allowed to remove political signs from 48 hours to seven days; to require a $10 fee and $90 refundable deposit to be refunded when signs are removed within the seven days (not to be refunded if signs are not picked up within the seven days).

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 Atwell asked why the ordinance was drafted to increase the allowed number of real estate directional signs from six to eight. Ms. Bobber responded that since the original sign ordinance, the land area of the town has enlarged and continues to grow. The reasonable need for real estate signs has risen exponentially.

Commissioner Schifano said he was not in favor of the political sign deposit provision.

Commissioner Tedder agreed but said he did agree with extending the time limit for candidates to retrieve their signs.

Commissioner Dickson said he would like to see the ordinance modified to expand the time period that political signs are allowed from 30 days before the election to 60 days.

The Board agreed to a compromise of 45 days.

Action: The Board approved a motion to adopt Ordinance 02-15 as amended to add Section 4-1011 Signs in Rights-of-Way to the Town Code.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of Ordinance 02-15 as amended is incorporated into these minutes as addendum pages.

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

6a. Budget Amendment $17,500 -The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $17,500 to purchase a bucket truck for the public works department. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. Minutes - Minutes of the Board’s regular meeting held on November 5, 2002 were approved.

6c. Sign Permit Fees Amendment - The Board adopted a fee schedule amendment to add permit fees for signs within the right-of-way. A temporary weekend directional sign permit will cost $25 per calendar year, and $12.50 after June 30; and any other right-of-way sign permit will cost $35.

7a. Holly Springs Business Park Certified Status - Mrs. Mizelle reported that the economic development department has been working with Vivian Powell of the North Carolina Department of Commerce; Chris Lukasina and Ken Atkins of Wake County Economic Development; and Bob Griffin of G&G Properties to obtain Certified Site status for 251 acres in the Holly Springs Business Park. Mrs. Mizelle said the Town received the official notice of certification on October 22, 2002.

Mrs. Mizelle said that “Certified Site” designation helps the Town’s recruiting and marketing efforts. It eliminates questions, decreases risks and increases decision making speed. Certified Site means a listed property is “development ready.”

She reported that there are only 27 Certified Sites in the state and that Holly Springs is the only one in Wake County. This will provide Holly Springs with increased visibility among those who are looking to build or relocate their businesses and industry.

Mrs. Mizelle also reported on other economic development projects.

Action: None.

7b. Windward Pointe Drainage Basin Study Report -- Mrs. Sudano explained that on March 5, 2002 the Town Board awarded Sungate Design Group a contract to conduct a drainage study in the drainage basin upstream of Windward Pointe Subdivision. The study is almost complete and Charlie Musser of Sungate Design presented the Board Members with a model that can be used to evaluate properties in the Windward Pointe drainage basin.

Mr. Musser said the model would allow the Town to enter values and estimate potential runoff amounts of upstream properties.

Mrs. Sudano recommended that staff share the information with Mike Carroll and other neighboring property owners. She also suggested an informational meeting with citizens owning property in the drainage study area.

Action: None.

7c. Mike Carroll’s Site Drainage Study Report - This item was discussed along with 7b.

8a. Holly Springs Business Park PUD, 01-PUD-03 -- Ms. Bobber explained that Application 01-PUD-03 is a request for the Holly Springs Business Park PUD containing approximately 250 acres. The proposal designates areas for mixed use, office, and industrial/manufacturing uses. The purpose of the PUD is to create an overall "master plan" for this area that has been reviewed and approved by the Town to assist in the development and marketing of the Park.

Ms. Bobber said the 250 acres is owned by G&G Properties and that this PUD request was originally submitted in May 2001. The property owner put the PUD request on hold until earlier this year. Staff has been working closely with the property owner and the project engineer to come to an agreement on the level of details needed at this time for the proposed PUD as well as means of coming into compliance with the Town's PUD requirements.

Ms. Bobber said the proposed PUD was presented at the October 1, 2002 Town Board meeting for a joint public hearing and was reviewed by the Planning Board at its October 22, 2002 meeting. At the time of these meetings, there were still several items that had not been resolved between the property owner and the Town. The Planning Board recommended approval subject to staff's suggested conditions and subject to staff’s and the property owner’s working out the remaining issues.

Ms. Bobber said since the Planning Board Meeting, staff and the property owner have met several times and have finalized the issues. The plans submitted for consideration do not reflect all of the modifications that have been agreed upon to this date since all involved felt that it would be best to amend the plans after the final action by the Town Board is made, per the final recommended condition of approval.

Commissioner Tedder said he was not pleased that there were so many conditions of approval and many comments requiring future compliance. He said, however, that he did not have a problem with the concept of what is being presented.

Commissioner VanFossen said he felt there would always be phased approvals with a PUD.

Action: The Board approved a motion to approve the Holly Springs Business Park Planned Unit Development, 01‑PUD‑03, as submitted by G & G Properties, prepared by Spaulding & Norris, with the following (15) conditions:

1. A specific design compatibility statement including specific architectural requirements shall be submitted prior to or simultaneously with the first development plan/site plan for review and approval by the Town Board at that time.

2. All perimeter buffers are to remain undisturbed unless additional plantings are required to be added where needed to make the buffer opaque according to the Town of Holly Springs landscape regulations at time of development plan review and approval for the specific site.

3. Ballentine Street will be required to have 5’ concrete sidewalk on one side and an 8’ asphalt trail on the other.

4. The additional area necessary for accommodating the 8' asphalt path along Ballentine Street and area within pedestrian easement is to be calculated and credited toward the required open space requirements for the PUD.

5. Clarification that draft covenants that creates an Owner’s Association for the maintenance of the common areas and recreational facilities including, but not limited to, streets, parking areas, easements, and the like will be required to be submitted for the Town’s review at time of submittal of the first development plan/site plan.

6. Delineation of wetland and environmental areas for the specific property and the road right‑of‑way providing access to the property and adjacent to the property must be submitted with each development plan submittal.

7. TIA and drainage studies may be required as development plans/site plans are submitted.

8. Access to the Jones property on the north side of Thomas Mill Road within the PUD will be required and should be shown clearly as ROW dedication.

9. The Town is under contract with a consultant for a functional alignment on Ballentine Street. This plan will need to reflect that functional alignment once completed and agreed to by the property owners, all right‑of‑way and necessary construction easements must be dedicated to the Town within 6 months of the date of approval of the PUD by the Board of Commissioners or prior to the sale of the property, whichever occurs first.

10. The Town staff will be working with the State permitting agencies on the functional alignment of the proposed roadway extension. However, the design will be functional and any variation in alignment will be contingent upon environmental constraints and the ability to obtain permits. The right of way from the permitted alignment will need to be dedicated to the Town. Therefore, land owners will be able to provide individual input on the functional alignment, however, the Town may be constrained in what design gets permitted. The Town staff will work with the land owners and keep them involved at all steps along the design process.

11. The plans are to be revised to show the re‑location of Utley Creek Drive to be moved to be immediately adjacent to and contiguous to the western property line.

12. The plans are to be revised to show an additional 10 acres of open space to be provided immediately to the east of the relocated Utley Drive right‑of‑way and an option for Town purchase within 24 months of date of approval of the PUD is to be prepared. Approval of the PUD includes acceptance of the terms for the Option presented to Carl Dean, Town Manager, on November 6, 2002.

13. The following changes must be made to Sheet 7.0:

• Add the following note: “Any development standard not addressed within the PUD document will be subject to the Town of Holly Springs ordinance in effect at time of Development Plan submittal.”

• Add office district to tract “B and C”

• Add the following note: “The minimum rear yard setback for those lots adjacent to a perimeter buffer shall not be greater than 20' from the Holly Springs Business Park boundary.”

• Add the following note: “The maximum impervious area is limited to 70% per lot, except for lots in Tracts E, F, and G, which shall not exceed 80%.”

• The note regarding the definition of flex space is to be revised to eliminate the last sentence which would allow for all uses within the Town’s LI, CB, or districts to be permitted in any flex space building.

• The Table of Permitted Uses is to be revised to add an "L" under Office for Retail Uses with the following note added under the Table "L= Limited to a maximum of 20% of the gross square footage of the building".

14. Revised plans including all required revisions are to be submitted for administrative review and final stamp approval within 30 days of approval by the Town Board of Commissioners.

15. This approval will also modify the Town of Holly Springs Official Zoning Map for these properties from LI: Light Industrial to PUD District. Since this request was submitted prior to the current UDO being effective, the request was processed completely under the Zoning Ordinance provisions, however, the PUD Overlay District has been illuminated and replaced by a general zoning district PUD upon the effective date of the UDO, November 8. Approval of the PUD will also automatically convert to the rezoning of the property.

Motion By: VanFossen

Second By: Schifano

Vote: The motion carried, 4-1. Commissioners Schifano, VanFossen, Atwell and Dickson voted for. Commissioner Tedder voted against.

8b. Technical Review Committee Appointment -The Board approved a motion to appoint Commissioner VanFossen as Technical Review Committee member for a year term, beginning December 17, 2002 and ending December 17, 2003

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

8c. Mayor Expense Account Increase - The Board approved a motion to approve the expense account increase in the amount $499 per month for the Mayor, effective December 1, 2002 and that the expense account will be subject to annual review of the Town Board.