Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, May 20, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, May 20, 2003 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 7:00 p.m. A quorum was established as the mayor and four board members were present as the meeting opened.

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

Board Members Absent: Commissioner Chet VanFossen

Staff Members Present: Carl Dean, town manager; Ernest C. Pearson, town attorney (arrived shortly after 8 p.m.); Joni Powell, town clerk (recording the minutes); Linda Harper, deputy town clerk; Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, senior engineer; Heather Keefer, environmental inspector; Stephanie Sudano, director of engineering; Derek Baker of the engineering department; Alysia Bailey, town planner; Jennifer Mizelle, director of economic development; and Gina Bobber, planning director.

2 and 3. The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Gary Allred, pastor of Sunrise United Methodist Church of Holly Springs. At this time, Mayor Sears presented Rev. Allred, who is moving away from Holly Springs, with a certificate of appreciation for his contributions to the community.

4. Agenda Adjustment ‑ The May 20, 2003 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: None.

5a. Public Hearing: Annexation Petition A03-02 -- Ms. Bobber reported that the town has received a petition for voluntary annexation of 92.574 acres of land located at the intersection of Avent Ferry Road and Cass Holt Road submitted by the Wake County Board of Education. The petition meets all the statutory requirements for satellite annexation, she reported, adding that, pursuant to Section1.20(h) of the Town’s Unified Development Ordinance, the property also would be assigned a residential R-30 zoning classification upon 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 A03-02, to annex property containing 92.574 acres located at the intersection of Avent Ferry Road and Cass Holt Road and assigned a zoning classification of R-30 to the property.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

A copy of Annexation Ordinance A03-02 is incorporated into these minutes as addendum pages.

5b. Public Hearing: 03-SEU-02, Quick Lube -- Ms. Bailey explained that the town has received a request for approval of a Special Exception Use for a 1.15 acre site located on the east side of NC 55 adjacent to the Windcrest PUD. The developer is proposing to build two automotive service facilities in two phases.

Ms. Bailey said Phase 1 would consist of an approximately 2,600 square foot oil change facility with three service bays. Phase 2 would consist of a 5,800 square foot auto parts sales and service building.

Ms. Bailey said that the plan meets the town’s 10-Year Comprehensive Growth Plan, which designates this area for commercial development.

Ms. Bailey said that the ordinance has specific setback requirements for this type of development, and that the plan meets those setback standards. She said Phase 2 proposes a 20-foot front setback in exchange for providing a berm between the front lot line and the building line and restricting parking to the side and rear of the building. Phase 1 would maintain a 30-foot front setback, she said.

Ms. Bailey also said that the ordinance has specific landscaping requirements for this type of development and that the plan meets those landscaping standards. The plan proposes to use a mixture of new and preserved vegetation to meet its landscaping requirements. An ornamental opaque wooden fence would be used at the east rear side of the site in addition to new vegetation to meet the required plant unit value for this area. Foundation plantings would be provided as specified in the UDO for all of the proposed buildings and around the trash enclosure.

Ms. Bailey said that the UDO open space requirement requires amounts not less than 200 square feet or 2% of the gross primary building area, whichever is greater, to be reserved within the integrated center to encourage pedestrian-friendly, human-scale development. This development would provide open space adjacent to an existing 48-inch caliper oak tree that is being preserved near the center of the site. She said that staff is asking that seating be provided in this “mulched public gathering area.”

Ms. Bailey said the building elevations indicate that the auto service facilities would feature brick as the primary building material and a pitched roof comprised of black asphalt shingles. She said the brick façade would have added visual interest by using recessed accent brick with a unique pattern.

Visual interest would be added to the facades of the buildings by using varying roof design, modulation, and windows she said. The service bays of the oil change facility would be oriented away from Main Street to avoid providing direct visibility of business activity from the road.

Ms. Bailey said the proposed master sign information indicates that The Quick Lube at Oak Pointe would use a ground lit brick monument sign with raised letters in the front sign zone, and the wall signs would utilize individually lit white letters. The proposed signs conform to the UDO requirements, she reported.

Ms. Bailey said that this site is located on NC55, which is on the Town Thoroughfare Plan as a 74-foot back-to-back roadway on 100-foot right of way. She said that the developer would be required to widen NC55 according to the Thoroughfare Plan. Also, she said the developer requests that the Town allow for credits if he extends the improvements off site to connect to the existing widened roadway.

She said an estimate has been provided the developer, but that it does not appear to take into consideration any NCDOT requirements. Ms. Bailey said that staff recommends that a credit be given for any road improvements that would not be required by the Town or NCDOT.

Ms. Bailey said that this site is adjacent to a stream that is downstream of the Windward Pointe drainage problem. She added that the site was taken into consideration for the original drainage basin model as developed and, therefore, it has been determined that the development of the site would not create additional drainage problems.

With that explanation completed, Mayor Sears opened the public hearing to accept sworn testimony. The following comments were recorded following an oath administered by the Town Clerk:

Randall Miller, Thompson and Associates -- Mr. Miller submitted the special exception use application 03-SEU-02 and site plan into the record as evidence that the plan would satisfy the requirements for a Special Exception Use.

Commissioner Schifano asked if the site was incorporated into the Windward Pointe drainage basin model. Mr. Miller said that the engineering firm for the site provided flow results to the consultant preparing the drainage basin model. With those numbers provided, the results were that the proposed site would not create additional drainage problems.

Commissioner Atwell clarified that the Phase 2 portion of the project was for auto parts sales and not “auto sales” as had been indicated inadvertently in Board agenda packets.

Mr. Miller confirmed that Phase 2 of the site would be for auto parts sales and service and not auto sales.

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

Action #1: The Board approved a motion to make and accept the findings of fact and to direct the Town Clerk to record those findings in the minutes for Special Exception Use Petition #03‑SEU‑02 for Quick Lube at Oak Pointe to allow for an automotive service as submitted by Thompson & Associates, Project Number: SR-QLUBE, dated Revised 04/08/03.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

Findings of fact determined by the Town Board and recorded by the Town Clerk:

a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare;

The Board found that the application and site plan meet this requirement.

b. The proposed use will not injure or adversely affect the adjacent area;

The Board found that the application and site plan meet this requirement.

c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan;

The Board found that the application and site plan meet this requirement.

d. The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver).

The Board found that the application and site plan meet this requirement.

e. Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency;

The Board found that the application and site plan meet this requirement.

f. Off‑street parking areas, off‑street loading areas, trash enclosures, trash pick‑up and removal, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood;

The Board found that the application and site plan meet this requirement.

g. The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use;

The Board found that the application and site plan meet this requirement.

h. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use;

The Board found that the application and site plan meet this requirement.

i. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts; and,

The Board found that the application and site plan meet this requirement.

j. The type, size, and intensity of the proposed use (including but not limited to such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use) will not have significant adverse impacts on adjoining properties or the neighborhood.

The Board found that the application and site plan meet this requirement.

Action #2: Having made findings of fact that the project meets the requirements to be granted a Special Exception Use, the Board approved a motion to approve Special Exception Use Petition #03‑SEU‑02 for Quick Lube at Oak Pointe as submitted by Thompson & Associates, PA, with the following (4) conditions/comments:

1. UDO Permit Petitions for sign installation must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑ temporary or permanent.

2. Staff recommends addition of curb and gutter along the south side of the parking lot, but will reserve final decision until reviewing construction drawings.

3. Any modifications to the Lighting Plan must meet the requirements of the UDO.

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

* Widening Plans including cost estimates for required DOT tapers

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Quick Lube at Oak Pointe Special Exception Use petition 03-SEU-02 is incorporated into these minutes as addendum pages.

Action #3: The Board approved a motion to allow for credits to the developer if off-site roadway improvements are extended to connect to existing widened sections with the following condition:

1. Credit will be given for any road improvements that would not be required by the Town or NC DOT.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous.

5c. Public Hearing: Ordinance 03-03 - Ms. Keefer explained to the Board members that as the Town grows and environmental regulations in respect to water quality are brought to the forefront of today’s environmental management practices, riparian buffers have become one of the commonly used tools throughout Wake County. Riparian buffers are used to enhance and maintain healthy streams and to reduce the impacts of flooding by keeping development off of the streams.

Ms. Keefer said that this proposed ordinance is the first UDO amendment that would deal specifically with one component of watershed management. She added that in the future there will be other UDO amendments proposed to address the other tools used in watershed management.

Ms. Keefer explained that the proposed ordinance would accomplish the following goals: 1. Extend the current state-required 50‑foot Neuse River Basin Riparian Buffer Rules to include an additional 50‑foot area (for a total of 100 feet) in the Neuse River Basin which have features present on the United States Geological Survey (USGS) 1:24,000 scale (7.5 minutes) quadrangle topographic maps and/or on the Soil Survey of Wake County, North Carolina, and 2: Create a new 30‑foot riparian buffer requirement in the Cape Fear River Basin on all features present on the United States Geological Survey (USGS) 1:24,000 scale (7.5 minutes) quadrangle topographic maps and/or on the Soil Survey of Wake County North Carolina.

To provide helpful information as to the importance of watershed management, Ms. Keefer provided a slide presentation on the subject.

She also noted that projects or subdivisions with a site plan submitted to the town would not be affected by the new ordinance, if adopted.

Commissioner Schifano asked if the graduated level of requirements for lots featured in the proposal would not promote more Planned Unit Development applications.

Ms. Bobber explained that the levels are set up so that PUDs, actually, would be more restrictive. She said she did not expect that adoption of the ordinance would result in more PUD applications.

Ms. Keefer said that tables of uses for both the Neuse River Basin and Cape Fear River Basin would be forthcoming to the Board for consideration in June. She added that no action was being requested on the proposed ordinance this evening so that the Board could consider information offered during the public hearing.

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

Jason Bertoncino, 6935 Toad Hollow Trail, Apex -- Mr. Bertoncino addressed the Board, speaking as a consultant involved in development in Holly Springs. He said he is in support of riparian buffers. He added that the proposed ordinance represents a reasonable effort, but that he would like to offer recommendations for changes.

He said the application of 100-foot buffer on all streams is very restrictive. He said some of the most desirable existing developments in Holly Springs might not exist if these regulations had been in place. He said he concurred with the Planning Board’s recommendation to reduce the proposed buffers for intermittent streams.

He said staff concerns about the Planning Board recommendation could be addressed.

He said he not support the waiver procedure as outlined in the ordinance.

He said mitigation procedures should be more clearly defined before adoption of the ordinance.

He said the table of allowable uses (which is coming before the board in June) should run concurrently and there should be clarification of some of the definitions.

He said he felt that this would be the most significant piece of legislation considered by the town board in a long time and he asked that the board strongly consider the Planning Board recommendation or to delay action until revisions could be made to the proposed ordinance.

Commissioner Schifano asked what problems Mr. Bertoncino had with the waiver provisions. Mr. Bertoncino said the process seemed to be administratively heavy.

Commissioner Schifano asked if the table of uses could be provided before adoption of the ordinance.

Commissioner Tedder said he saw pros and cons to the Planning Board recommendation.

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

Action: The Board approved a motion to defer action until June.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

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: $1,975 -- The board adopted a budget amendment to the FY 2002‑03 budget in the amount of $1,975 to receive insurance proceeds for damages to a public safety vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum page.

6b. (Budget) Ordinances 03-04 and 03-05 – The board adopted Ordinances 03‑04 and 03‑05 to establish a Transportation Capital Improvement Project Fund for current projects. Copies of Budget Ordinances 03-04 and 03-05 are incorporated into these minutes as addendum pages.

6c. Town Hall Change Orders -- The board approved ten (10) change orders to the town hall construction contract and adopted budget amendments to the FY 2002‑03 budget in the amount of $51,845 to cover all construction contract change orders to date. Copies of the change orders and budget amendments are incorporated into these minutes as addendum pages.

6d. Budget Public Hearing - The board set a public hearing on the proposed FY 2003-04 budget for June 3, 2003.

6e. Minutes -- Minutes of the board’s regular meeting held on April 15, 2003 were approved.

7. Holly Springs Soccer Club Proposal – Commissioner Atwell said he would like to talk about the issue so as not to further delay direction to staff. He said that the soccer group has identified problems with the existing program and wants to assume control of it. He said he would like the board to make a decision.

Commissioner Atwell summarized that the Parks and Recreation Advisory Committee, Parks and Recreation staff and the town manager recommend that the recreational soccer program remain intact.

Commissioner Atwell said he would like for the board to approve the staff recommendation to use volunteers in the soccer program and direct staff to work with HSSC to integrate ideas and suggestions.

Mr. Dean said a lot of things the HSSC requests can be offered within the existing soccer program. He reported to the board on a meeting held among staff and representatives of the soccer club: an option for competitive soccer could be provided within the existing program, but the structure of the current program would not have to be changed. He said the ideas discussed still needed to be developed further and that he would like to see the Parks and Recreation Committee, staff and the HSSC to come together to present a joint proposal of cooperation.

Mayor Sears stressed that whatever plan was developed, the towns Parks and Recreation soccer program would remain intact

Commissioner Atwell pointed out that soccer club proposal is before the board only because the HSSC brought it to the board. He said he wanted the board to vote and not delay action on the proposal.

Commissioner Schifano said he would not be inclined to transfer operations to HSSC but that he would support HSSC’s co-existing under the town’s Parks and Recreation umbrella.

Commissioner Tedder agreed and said he would support a unified proposal and would be willing to wait two weeks. He said he did not want a multiple choice of options, but a unified proposal.

Commissioner Dickson agreed and added that he favored the volunteer organization chart provided by staff.

Direction: The board directed that a unified proposal be presented at the next board meeting.

8a. Public Safety Answering Point Proposal -- Prior to his presentation, Chief Parker surprised Mayor Sears by returning the mayor’s Ottawa Senators hockey jersey, which had been a gift from the mayor of Ottawa. The jersey was among the items taken by burglars during a recent break-in at town hall. Chief Parker reported that an arrest had been made and that some of the stolen items – including the jersey – had been recovered.

On the agenda topic, Chief Parker provided background information, definitions and cost estimates for establishing a Public Safety Answering Point in Holly Springs.

He said if the Town were to adopt an appropriate ordinance to establish the center, the Town could begin collecting the 911 surcharge collected on all telephone (landline and wireless) bills in the jurisdiction. The funds would be collected by the phone company and distributed to the Town. The Town would use the money to install, man and equip an autonomous public safety communications center.

Mr. Parker said that currently, 911 calls are routed to a dispatch center in Raleigh where the calls are put into a queuing system, roughly based on priority or emergency nature. Calls of low priority are not immediately dispatched to Holly Springs officers. He said the PSAP would provide immediate 911 emergency response for local callers.

Mr. Parker said that the estimated cost of program start‑up, including equipment, is about $450,000. The cost would be entirely defrayed by collection of 911 surcharges already being paid by local phone customers (but the funds currently are being funneled into the county system). Once the system is paid for, he added, the continuing collection of 911 fees would be used for continuing upgrade, maintenance and enhancement of the Town’s emergency communications network and other supporting operations he said. The possibilities are nearly infinite as long as the expenditures serve to enhance emergency communications for the public.

He said he would recommend a $1 per month 911 surcharge.

Mr. Parker said he and the town manager were explaining the potential for such a service now for further discussion and consideration by the board at a later date.

Commissioner Schifano asked if Wake County had been advised and if the county was opposed.

Chief Parker said Wake County has been advised of the possibility that Holly Springs would establishing its own PSAP. He added that the county would not oppose the move, but that it would have concerns because the county system would no longer receive disbursements of 911 calls in this area.

Commissioner Schifano asked how long the 911 equipment would last.

Chief Parker said the equipment would be durable and that continuing collection of surcharges would provide for technology upgrades as needed.

Direction: The board directed that the town proceed, providing an ordinance establishing the PSAP foundation for consideration on June 3.

8b. Twelve Oaks PUD Developers Agreement – Ms. Sudano explained to the Board that several months ago, the Town Board approved entering into a preliminary developer agreement with the developer of Twelve Oaks PUD. Since then, she said, the developer has put in a new PUD plan through staff review, and simultaneously worked out the terms of a final developer agreement. Ms. Sudano reviewed with the board members the terms of the agreement related to infrastructure, credits and other guarantees, roadway improvements, sewer and water improvements, and reuse.

Mr. Bradley outlined the parks and recreation items in the draft.

Commissioner Schifano asked what would happen if the town could not provide the wastewater reuse system. He asked if a provision could be included to give the town the option of providing gray water OR potable water at a reduced rate.

Action: The Board approved a motion to enter a finalized developer agreement with New South Properties, the developer of Twelve Oaks PUD, with terms as outlined in the draft presented.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous.

A copy of the Twelve Oaks PUD developers agreement is incorporated into these minutes as addendum pages.

8c. 03-PUD-01, Twelve Oaks -- Ms. Bailey explained to the board that the Holly Springs West Planned Unit Development, which is now being referred to as Twelve Oaks PUD, is proposed for a portion of the property off of New Hill Road that was previously approved for PUD development under the name of Finisterra.

The proposed Twelve Oaks development is for 678 acres of mixed‑use development that would include single-family residential, multi-family residential, an 18-hole golf course, and commercial/office uses. Ms. Bailey said the plans indicate that 235 acres would be set aside for open space and possible dedication to the Town. The PUD, she added, is

Ms. Bailey reported that the overall proposed density for the project is 4.25 units per acre. If approved, the Twelve Oaks PUD would leave the previously-approved Finisterra PUD with approximately 70 acres of land designated for single-family and multi-family uses.

Ms. Bailey said that, in accordance with the town’s Master Parks Plan, there are greenway trails designated for this area to be used as walking trails that would connect with a series of proposed pocket parks, she said. The PUD also proposes to use a combination of greenway paths and sidewalks to reach not only the pocket parks, but the localized recreation centers, golf club house, and walking trails between residential pods, she said.

Ms. Bailey explained that the proposed PUD would create three use types: Single‑Family Residential, Multi‑Family Residential (1 and 2), and Club House district.

She added that there are four types of single‑family lot configurations specified in the “Zoning Table;” however, the eight single-family residential pods shown in the PUD document do not specify which lot configuration corresponds to each pod. Similarly, townhomes, condominiums, and apartments are listed in the “Multi‑Family Minimum Lot Configurations,” but the two areas designated for multi-family development in the PUD document do not indicate which configuration would be used. The only distinction between districts that is indicated in the PUD document is the specified density listings she said. Therefore, there are no guarantees on what lot sizes would actually be used within the PUD in each of the “pods.”

Ms. Bailey said that the PUD document provides specific architectural regulations for lots that are 4,000 to 7,000 square feet. She said the specific architectural theme has yet to be determined; however, there is a note within the PUD document that states that these lots would follow the UDO Architectural Incentives.

According to the Town’s PUD requirements, all PUDs are required to provide for a minimum of 10% open space that is not to be included in the lot areas. The property owner is designating 235 acres, or 34.7% of the total acreage, of the PUD as open space. This includes 208 acres dedicated to a golf course, the greenway trail as designated in the town’s Growth Plan, and 25.9 acres of recreation park area. The PUD document proposes 17.7 acres of land for public use, and of that 17.7 acres 0.97 acres is being dedicated to the town.

Ms. Bailey said sewer is not available at the site. The developer would have to build a new pump station and force main to serve this property. A sewer study was required to provide information regarding the basin that the pump station could serve.

She said that the plan includes a golf course and residential areas. Some of the areas lie close to the flood plain or environmentally-sensitive areas. The previously-approved plan (for Finisterra) called for certain environmental conditions, and staff has requested that an Environmental Plan for the Twelve Oaks development be provided.

Ms. Bailey said that the plan currently proposes to use “re‑use” water for irrigation of the golf course and residential areas. She said that the “re‑use” plan would require the Town to construct a pump station at the town’s wastewater treatment plant to supply the “re‑use” water. She said that education packets may have to be created for homeowners within the PUD, since this will be the first system of this kind in the Town.

Ms. Bailey asked the Board to consider three specific concerns from staff prior to taking action on the PUD plan:

1. The plans do not specify where the various lot sizes would be utilized throughout the project. With the density ranges as shown, it could be possible to have most of the PUD as 4,000 square foot lots.

2. Architectural commitments were added to sheet C‑9 of the PUD document indicating that lots that are 7,000 square feet or smaller must utilize the Architectural Design Elements listed in UDO Table 2.09, C.,4. in the Development Incentive section. Ms. Bailey asked the Board if it would like these design commitments to apply to lots only under 7,000 square feet or to all lots within the PUD.

3. During the review and approval actions for the Finisterra PUD, an Environmental Plan was submitted and approved to show the developer's interest in securing environmentally sensitive areas. The approval of Twelve Oaks PUD would effectively nullify that plan.

Since the Town intends to use the Environmental Plan documents to assist in securing grant funds to help deliver reuse water to this (and other) projects, a revised Environmental Plan (simple in nature) for this PUD is desired by staff to be submitted for this new PUD to strengthen the application.

Tom Spaulding of Spaulding & Norris addressed the Board. He said his firm would rather not be asked to provide the environmental report because of the expense and it is not required.

Ms. Sudano said it is not required and it is not essential, but it would be helpful to have.

Commissioner Tedder said if the Town requires the environmental plan of Twelve Oaks, then the town should require the same for all developments. He said he felt that it would not strengthen the town’s application significantly and that it would not be necessary.

Action: The Board approved a motion to approve the Twelve Oaks (Holly Springs West) Planned Unit Development, 03‑PUD‑01, as submitted by Spaulding & Norris, PA, with the following 2 conditions:

1. Within 30 calendar days of approval of the PUD, the following must be submitted or the approval will be deemed null and void:

a. As required per the Development Procedures Manual, 3‑ring binders containing the PUD information must be submitted to the Department of Planning & Zoning.

b. As previously stated, Town code requires that the entrance to Old Holly Springs/Apex Road be installed with the first part of development within the SF7 section. Since the cross‑section of the main roadway leading to SF7 has been increased to a median divided roadway on this submittal, we will support development of SF7 up to 1000’ of roadway in each direction from the intersection of the main road with the loop road in SF7. Please add a note to the plans regarding this.

c. The PUD master plan must be revised to add architectural commitments for multi‑family development that utilize the requirements listed in the UDO for the R‑MF‑8 zoning district on Sheet C‑9.0.

d. The developer must provide a statement of intent within the PUD Master Plan that states that interconnectivity shall be provided throughout the PUD, except were required to preserve wetlands or environmentally sensitive areas, in which case cul‑de‑sacs can be used on Sheet C‑10.0.

e. A note shall be added to the revised plans that states that the developer will work with the town to develop greenway right‑of‑way where appropriate on Sheets C‑8.0 and C‑10.0.

2. With the submittal of the first development petition for this PUD, the following must be submitted:

a. Covenants creating a Home/Property Owners Association specifying maintenance of buffers, open space, and street trees.

b. Responses addressing the comments on the TIA. This may include a requirement for off‑site improvements.

c. Responses addressing the comments on the hydraulic analysis. This may include a requirement for off‑site improvements.

Motion By: Tedder

Second By: Dickson

Vote: Unanimous

8d. Holly Springs / Cary Annexation Line -- Mr. Dean reviewed the history of this issue of establishing an annexation line between Holly Springs and Cary, which includes an area labeled as an “unresolved" utility service area on the Wake County Land Use Plan. This has been deemed unresolved since there has not been an annexation agreement line between the two towns, and both towns have expressed an interest in the incorporation of these areas.

Due to this unresolved area, it is becoming more difficult to determine the size requirements for utility construction, since both towns are anticipating servicing these areas, Mr. Dean said.

He said that in January, Mayor Sears met with Mayor Glen Lang of Cary to discuss the boundaries for such an agreement line. Mr. Dean said that at that meeting, Mayor Sears presented to Mayor Lang a map that was prepared after consulting with the Holly Springs Department of Engineering and Department of Planning & Zoning. He said that this was to determine where the logical service boundaries for Holly Springs should be drawn based upon topography, the location of existing/proposed infrastructure, and the study boundaries that were included in the Holly Springs 10‑Year Comprehensive Growth Plan that was adopted in November 1998. At that meeting, Mayor Lang proposed an alternate line for consideration.

Mr. Dean reviewed with the Board members the proposed map that indicates the proposed line as drawn by Holly Springs and the line proposed by Cary, which shifts slightly west.

Mr. Dean reported to the board that the most recent indications from the Town of Cary were that the Holly Springs recommendation would not be acceptable.

Ms. Bobber added that the Town of Cary currently is requesting that Wake County grant an extention of its extraterritorial jurisdiction (ETJ) that basically goes right up to Holly Springs town limits

Action: The Board approved a motion to deny endorsement of a proposed annexation agreement with the Town of Cary that would designate Areas 1 and 2 on the agreement’s exhibit map as lying in the Cary territory.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous.

A copy of the proposed area map and a map illustrating the two areas in question are incorporated into these minutes as addendum pages.

8e. 201 Facility Plan Amendment - Ms. Sudano explained to the Board that in order to secure state construction loan and grant funding for the upcoming 2.4 million gallons per day wastewater treat plant expansion, a Technical 201 Plan Amendment must be completed. Ms. Sudano reported that the firm of Davis, Martin, Powell & Associates, Inc. currently is working with the Town of Holly Springs on an operating WWTP Study and on the Progress Energy project.

She said the firm has assisted the Town in getting on the State Construction Grants and Loans (CG&L) funding list, and has coordinated and attended a meeting between state, CG&L and town staff.

The 201 Amendment is a mandatory step in the state grant and low-interest loan funding process. She recommended that the town retain the company to amend the town’s 201 Facilities Plan and that the Board adopt the associated budget amendment covering the cost of the estimated $25,000 project.

Action: The Board approved a motion to enter a professional services agreement with Davis, Martin, Powell & Associates in the amount of $25,000 for amendments to the 201 Facilities Plan and to adopt a related budget amendment.

Motion By: Dickson

Second By: Atwell

Vote: Unanimous.

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

8f. Ballentine Street Alignment -- Ms. Thompson reminded the Board that it had endorsed the alignment of Ballentine Street during its May 6 meeting.

The next step, she said, is for the town to secure right of way dedication of the entire roadway alignment from where Ballentine currently ends and all the way to New Hill Road.

Ms. Thompson said the town already received commitments from landowners to dedicate the right of way along 60% to 70% of the corridor. She said in order to obtain these signatures, the deeds and plat maps have to be completed and that she would recommend that the town approve a proposal from CH Engineering in the amount of $27,478 (10% contingency included), that would provide the necessary deed work.

Action: The Board approved a motion to enter a professional services agreement with CH Engineering in the amount of $27,478 for surveying of the Ballentine Street alignment and to adopt budget amendment covering the cost of the work.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

A copy of the CH Engineering contract and budget amendment are incorporated into these minutes as addendum pages.

8g. Moravian Church Property Transfer to Town of Holly Springs -- Mr. Dean reviewed a proposed agreement for the transfer of approximately two acres of land from the Moravian Church of Holly Springs to the Town of Holly Springs for use as a future fire station. Mr. Dean said that the agreement spells out terms in which the Town would accept the property in exchange for providing road improvements on Holly Springs Road that would be required by the church once the property is developed.

Mr. Dean provided board members with a survey map illustrating the site.

Mr. Dean said that the agreement is in draft form, but represents acceptable terms to both the Town and the Moravian Church; however, the Town Attorney advises that some refinement of the sections relating to the property values are still to be worked out. So that the Moravian Church Board can take reciprocal action next month, the Board is being asked to approve the rough draft agreement and to authorize the town manager to formalize the final version of the agreement, Mr. Dean said.

Action: The Board approved a motion to authorize the town manager to finalize a final version of a property transfer agreement containing the terms listed in the draft with the Moravian Church of Holly Spring to convey approximately two acres of land to the town for use as a future station in exchange for road improvements the Town would provide on Holly Springs Road.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous.

A copy of the draft agreement to transfer land from the Moravian Church of Holly Springs to the Town of Holly Springs is incorporated into these minutes as addendum pages.

8h. CVS Holly Springs Road Site Request - Mr. Bill Shankle addressed the Board in representation of the developer of the CVS site.

He said the increase in cost in developing the site has become a problem to the point that it may no longer be a viable project. He said a letter from Kimley-Horn and Associates outlines some areas of potential cost savings and he asked if the Town could work with the developer to reduce some of the costs.

Mr. Shankle said the developer would dedicate the right of way for the gateway feature, estimated to cost about $23,000; however, the developer feels that the gateway feature is really the Town’s responsibility. He said the developer proposes that it be eliminated from the developer’s arena.

He added that the project architect has come up with alternative landscaping that should reduce costs and still provide adequate landscaping on the site.

He said the developer proposes 50/50 agreement with town for sewer line extension.

Mr. Shankle suggested that the site could channel stormwater to the nearby creek temporarily and then when road improvements are done, the storm drainage could be more permanently channeled.

As for the intersection improvements, Mr. Shankle said this aspect is one of the big items at a cost of $189,000. The developer is proposing a fee-in-lieu of $135,000. Mr. Shankle said that although it is smart to do the full intersection project as the town intends, the CVS development itself would not have the kind of impact in and of itself that would necessitate such a large project.

Ms. Sudano pointed out to the board that the $189,000 figure -- which the developer is hoping to reduce -- actually may be low.

Mr. Dean suggested that the gateway feature is the most realistic element to eliminate, but the town should eliminate the feature requirement at all four corners in order to be fair and equitable. Or, he said, the town could pay for the gateway features at all four corners.

Mr. Dean explained that the traffic impact for CVS was taken into consideration when the fee-in-lieu -- which actually has not been exactly determined -- was figured.

Mr. Harlan Britt of Kimley-Horne and Associates addressed the Board. He said it is his impression that the project is in jeopardy if some of the costs cannot be reduced.

Action: The Board approved a motion to agree to eliminate the gateway feature expense from the project (if the feature is provided in the future, the town will pay for it); to allow reduction in cost through reworking the landscaping plan; and to direct staff and developer engineers to agree on transportation improvement costs for further consideration.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

9. Public Comment – At this time, an opportunity was provided for members of the audience who had registered to speak to address the Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:

Pat Anderson, 620 St. Vincent Drive – Mr. Anderson requested that the parks and recreation funds in the budget be spent on programs in proportion to the number of participants of the programs.

Rick Clark – Mr. Clark said he was disappointed that the soccer program issue was not decided this evening. He said he feels like the coaches and players do not have representation during meetings on the subject. He said participants of the existing program want to have some kind of say in a compromise plan, too, because ultimately they will be the ones subject to what is developed. He volunteered to participate in any meetings.

10. Other Business: Mr. Pearson noted his memo to the board on hiring a town attorney. He also said he recommended a candidate.

Commissioner Schifano said the Board did need to decide what it planned to do with the position and get it posted. It was determined that the question would be placed on the next meeting agenda for discussion.

11. Manager’s Reports – Mr. Dean reported on the upcoming Town Hall Day. He brought to the attention of board members that the finance office had provided them a break-down of irrigation rates and the effect it would have on the budget if irrigation meter rates were graduated similarly to the regular water rates. The result would be a net loss of revenue for the town, he said.

12. Closed Session - None.

13. Adjournment – There being no further business for the evening, the May 20, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 10:35 p.m. following a motion by Commissioner Dickson, a second by Commissioner Atwell and a unanimous vote.

Respectfully Submitted on Tuesday, June 17, 2003.

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Joni Powell, CMC

Town Clerk

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