Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, June 17, 2003

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, June 17, 2003 in the cafeteria of the W. E. Hunt Community Center, located at 301 Stinson Ave. Mayor Pro Tem Hank Dickson presided, calling the meeting to order at 7:10 p.m. and announced the next Town Board meeting will be held at the New Town Hall in the board chamber meeting room at 128 S. Main Street at 7:00 p.m. A quorum was established as the mayor pro tem and four board members were present as the meeting opened.

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

Board Members Absent: Mayor Sears.

Staff Members Present: Carl Dean, town manager; Charles Simmons, assistant town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk; Linda Harper, deputy town clerk (recording the minutes); Len Bradley, parks and recreation director; Drew Holland, finance director; Kendra Thompson, senior engineer; Heather Keefer, environmental inspector; Stephanie Sudano, director of engineering; 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. Otis Byrd, pastor of First Baptist Church of Holly Springs.

4. Agenda Adjustment ‑ The June 17, 2003 meeting agenda was adopted with changes, as listed below.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous.

Items Added to the Agenda: None.

Agenda Items Removed: None

Other Changes: Item 7a to change the budget amendment amount from $79,784 to $81,850.

5a. Public Hearing: 03-SEU-01 Sprint Telecommunication Hut 1152 - Ms. Bailey explained to the Board that the request is for a Special Exception Use petition for Sprint Telecommunications to allow an addition of a second utility building expansion in R-10 residential district. Ms. Bailey said that Sprint has approximately a tenth of an acre easement on the property located near the entrance to Cobble Ridge Subdivision off of Holly Springs Road. She said that there is an existing Sprint equipment building on site, however, in order to provide telephone service to the nearby subdivisions including the new Cobble Ridge and portions of Sunset Ridge, as well as services to the Holly Ridge Schools, Sprint has requested to expand the existing Ahut@ instead of having to acquire land in another location and building a separate facility. She said developing or expanding a use that is designated as anything other than a residential use on property zoned residential requires approval of a Special Exception Use.

Ms. Bailey said that the development is zoned in a manner that makes the request in compliance with the Town=s Ten Year Comprehensive Growth Plan, which designates this area for medium density residential (2‑5 units per acre).

Ms. Bailey said that a variance was approved on May 13, 2003 (Variance 03‑VAR‑06) to allow for a 10 foot encroachment into the 25 foot minimum building setback for the rear of the property. She said that with the approved variance the proposed expansion is in compliance with the UDO=s specific requirements for setbacks.

Ms. Bailey said due to this expansion of an existing building, and Holly Springs Road improvements have occurred for the frontage of this property, the majority of the required landscaping along the front yard is being relocated on the site. She said that in addition to relocating the front yard landscaping, a six foot fence is being provided around the sides, rear, and half of the front of the property.

Ms. Bailey said the building would be designed to coordinate with the existing and new homes in the subdivision. She said that the primary building material would be red brick with a light gray shingle roof with a proposed copper awning for the front door, and double soldier course has been provided around the upper wall on all four sides of the building.

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

Paul A. Wagner, a representative of Dove, Knight & Whitehurst for Sprint Telecommunication -- Mr. Wagner requested the special exception use application 03-SEU-01 and site plan be submitted into the record as evidence that the plan would satisfy the requirements for a Special Exception Use. Mr. Wagner said that the building started as a 10x16 hut and to meet the growth in that area, Sprint needs to expand the existing site. He said the proposed plan meets the required UDO architectural and landscaping requirements throughout the site.

Commissioner Schifano discussed the access points from Holly Springs Road and Cobble Pointe Way and when will the access be paved. Mr. Wagner said that the driveway will be concrete paving to the right rear of the building and the access will be from Holly Springs Road. The adjacent property is owned by the developer of Cobblestone subdivision, therefore, access would not be from Cobble Point Way.

Commissioner Schifano asked if there would be a generator on site. Mr. Wagner said the site plan proposes a generator located to the rear of the site with a fence and landscaping planted around the generator. There were discussions regarding the noise level of the proposed generator. Mr. Wagner said the proposed generator would test once a week. Commissioner Schifano asked the distance between the generator and the nearest residence. Mr. Wagner said the distance from the generator and the property line is 18 feet with a fence and landscaping plus additional 25 or more feet from the nearest residence. Commissioner Schifano asked if the proposed generator could be located inside of the building. Mr. Wagner said there would not be enough room to house the generator inside the building.

Commissioner Schifano expanded that the Board has to determine whether the findings of facts are satisfied to grant the special exception use petition, which impacts the surrounding areas.

Commissioner Atwell asked is the generator necessary for this site to be functional. Mr. Wagner said that it is more of a convenience for the surrounding residents in that area because power outages would cause the residents to be out of service longer periods of time.

Commissioner Atwell asked what size of plants at planting will the landscaping be on the side setbacks. Mr. Wagner reviewed the landscaping plan requirements and the planting size. Commissioner Atwell said that he had concerns that the building front would be seen from the main thoroughfare into town. Mr. Wagner said the landscaping would be in full growth at planting and the front would be brick with canopy over the door. Commissioner VanFossen recommended amendments to the architectural design to build up the roof, extend the overhang, to add a hip roof and to remove the canopy.

Commissioner VanFossen asked the size of the generator which would indicate the noise level. Mr. Wagner said that if the generator noise level was the Board’s concern it would be better to remove the generator from the proposed site and bring a generator to the site only when necessary.

Commissioner Atwell asked if Sprint wanted to locate a generator on site, would the applicant be required to petition back to the Town for approval. Mr. Dean said yes, the applicant would petition the Board for approval.

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

Action: 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‑01 for Sprint Telecommunications Hut #1152 and having made findings of fact that the project meets the requirements to be granted a telecommunications utility building expansion in the R‑10: Residential District as submitted by Dove, Knight & Whitehurst, with the following condition:

1. Sidewalk is to be extended to the eastern property line, per Town requirements.

2. Remove the generator from site.

3. To amend the architectural design to be similar as the adjacent property using the same metal roof and add hip roof treatment over the doorway; staff to review and approve changes.

Motion By: Schifano

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 B 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.

A copy of Sprint Telecommunications Hut 1152 #2 Addition Special Exception Use petition 03-SEU-01 is incorporated into these minutes as addendum pages.

5b. Public Hearing: 03-SEU-03, The Mill, Phase III -- Ms. Bailey explained that the town has received a request for approval of a Special Exception Use petition to develop a self-storage facility on a 1.37 acre site located off of Thomas Mill Road in the Holly Springs Business Park. She said the proposed development is Phase 3 of AThe Mill@ that is flex space to include mini‑storage office, office and warehouse space. She said the development is proposing to store vehicles on site in the vicinity of the mini storage units. Ms. Bailey said that this would be considered outdoor storage, which is permitted in light industrial district, the UDO requires that outdoor storage be enclosed with a fence and cannot occupy more than 30% of the lot, and provide landscaping of a minimum type C (opaque) buffer with a plant unit value of seventy‑five.

Ms. Bailey said that the development is in compliance with the Ten Year Comprehensive Growth plan, which designates this area for industrial development.

Ms. Bailey said that the ordinance has specific setback and buffer requirements for this type of development and the plan as submitted meets those standards. She said the proposed building elevations indicate that the proposed building material will be a combination of smooth and split face block painted sandstone, which wrap 25% of the building=s side facades. She said the UDO specifies that at least two secondary building materials must be used to add to the appearance of the building. The split face block adds a variation in texture, however, an additional design feature is required, which could be items such as awnings over each entry, façade modulation, or an accent building color she said.

Ms. Bailey said that the proposed master sign plan indicates that a ground lit sign would be used at the entrance of AThe Mill@ development that would be constructed of the same materials as the proposed building. Also, laser cut lettering is proposed for each entrance of the buildings flex space she said.

Ms. Bailey said that water and sewer were previously extended to the site by the owner and per standards requires a RPZ=s (backflow prevention devices) for water services.

Ms. Bailey said that a wetland survey was request to determine if any wetlands exist on site and should be provided at the first construction drawing submittal.

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

Thomas Spaulding, Spaulding & Norris, PA - Mr. Spaulding submitted the special exception use application 03-SEU-03 and site plan into the record as evidence that the plan would satisfy the requirements for a Special Exception Use. Mr. Spaulding said that this request was for the third and final phase of “The Mill” site. He said that this building was one of the first builders within the Business Park. Mr. Spaulding said that the proposed building is designed as a modern storage and security system and feels the use is appropriate for a industrial zoned site. Mr. Spaulding said the proposed site plan meets all the UDO requirements.

Commissioner Schifano asked would the site be staffed as a 24-hour service. Mr. Spaulding said someone would be on site during normal business hours.

Commissioner Schifano asked would there be storage of gas or hazard materials on site. Mr. Spaulding said there will not be hazardous materials stored on site and the plans were first to construct the indoor and outdoor storage in phases.

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‑03 for The Mill Phase 3 to allow a Self‑Storage Facility in the LI: Light Industrial district as submitted by Spaulding & Norris, PA.

Motion By: VanFossen

Second By: Schifano

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 B 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‑03 for The Mill Phase 3 to allow for a Self‑Storage Facility in the LI: Light Industrial District as submitted by Spaulding & Norris, PA, with the following (5) conditions/comments:

1. The provided fence around the perimeter of the outdoor storage area is to be black vinyl coated.

2. The building façade must be modified to meet the UDO requirements, and shall be subject to staff approval.

3. The outdoor storage of vehicles shall be limited to 30% of the project area.

4. Sign applications must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑ temporary or permanent.

5. The following items are to be included on construction drawings:

$ Wetland survey

$ Analysis of backwater at FES #2

Motion By: VanFossen

Second By: Tedder

Vote: Unanimous

A copy of The Mill, Phase III Special Exception Use Petition 03-SEU-03 is incorporated into these minutes as addendum pages.

6a. Stinson Avenue Extension - Michael Labrador, president of the Chelsea Woods Home Owners Association, requeseted the Board to consider the community’s concerns regarding road improvements to Stinson Avenue extension. Mr. Labrador said that he was not informed of the paving of Stinson Avenue. Mr. Labrador said that some of his concerns would be the increase of traffic from Womble Park, loitering, and speeding. He asked what provisions the Town would make for traffic controlling devices and safety issues. Mr. Labrador asked the Board to consider setting speed limits, speed bumps, install children playing signs and no parking signs on both sides of the street and to increase the police service activity in the area. In addition, he requested that a monument similar to the signage at the entrance of Chelsea Woods Subdivision be installed at the other end of Stinson Avenue. Mr. Labrador asked who would be responsible for road maintenance and what is the drainage plan for Stinson Avenue.

Commissioner Schifano said the paving of Stinson Avenue would not create additional flow of traffic; the goal of the town is providing road improvements and access to the park. Commissioner Schifano said that the town has a traffic controlling policy in place for citizens to make the request for traffic control devices. Mayor Pro Tem Dickson said the Town would be maintaining road maintenance of Stinson Avenue.

Action: None.

6b. Autumn Park PUD Amendment, 01-PUD-01-A1 - Ms. Bobber explained to the Board members that Autumn Park PUD was approved by the Board in November 2001. She said that the PUD includes townhomes and single‑family lots with a maximum of 244 units with a density of 4.3 units per acre. Ms. Bobber said that the single‑family component of the PUD has a minimum lot size range of 4,168 ‑ 6,100 square feet. She said that the PUD exceeded the minimum required open space requirements by proposing 8.73 acres (5.78 acres were required) with a private paved asphalt greenway around the main pond/focal feature of the development. Ms. Bobber said that staff used those features in making a recommendation on the PUD.

Ms. Bobber said that the engineer of the Autumn Park plan has been in the construction drawing and construction phase of the development. She said that several months ago, the engineer submitted construction drawings that changed the material of the private greenway from asphalt to mulch. Ms. Bobber explained that the engineering department questioned the change and forwarded them to planning to begin requests for a PUD amendment. She said during staff review it was requested from the engineer to provide documentation on why the change of the materials was being made. The engineer then submitted a letter from the North Carolina State Department of Water Quality (DWQ) that required Autumn Park to minimize the pervious surface and to implement a storm water management plan she said. Ms. Bobber said based upon this overall request for a reduction in pervious area for the entire development, the engineer decided to change the greenway material.

Ms. Bobber said that the review of the PUD amendment is not complete and there were concerns that the change in the greenway material from asphalt to mulch may adversely impact the purpose and intent of the PUD since this was a special feature that was considered during the approval of the PUD to gain the smaller lots and added density.

Ms. Bobber said that the request was whether or not the material for the private greenway trail was taken into consideration during the review and approval process, would these changes be classified as a “Minor Amendment” or AMajor Amendment@. A minor amendment would mean an amendment can be approved by staff and a major amendment would require starting the joint public hearing and review process by the Planning Board and Town Board. And, secondly is the change in the greenway materials the best solution to DWQ=s pervious surface requirement, and if an exploration in the reduction of density would be a better solution.

Commissioner Tedder said that this was one of many ways to meet the DWQ requirement of pervious surfaces, but the only issue before the Board is if the change in the greenway/trail materials is considered a minor or major amendment to the plan.

Action: The Board advised staff that Autumn Park PUD, 01-PUD-02-A1 amendment of the private greenway trail materials from asphalt greenway around the pond area to mulch would classify as a major amendment, and require the joint public hearing and board review process if the applicant chooses to proceed with the requested changes.

6c. New Hill Road renaming to W. Holly Springs Road Update - Ms. Bobber explained that in March the Town Board voted to change the name of New Hill Road between N. Main Street and the NC 55 Bypass to Holly Springs Road. Ms. Bobber said that staff has been working on completing all of the necessary steps to complete this name change and to inform the residents about their responsibilities.

Ms. Bobber said the first step after Town Board approval was to submit for official name change to Wake County GIS. She said that this was required to ensure that the Wake County E‑911 system will have the proper information and that the name would be "acceptable" and does not duplicate any other names in the system. Ms. Bobber said that due to the current addressing system in place, Holly Springs Road would not accommodate an "extension" of Holly Springs Road; the official name that has been granted was W. Holly Springs Road.

Ms. Bobber said that once the name change was approved by Wake County GIS, the planning department began to prepare notification to the residents regarding their new street name. She said that it was discovered that there were several residents along this stretch of New Hill Road whose addresses were not in a numerical sequence. Therefore, to assist Public Safety with response time, it was determined that the physical addresses needed to be reviewed and modified where necessary to ensure that each property could be easily found she said.

Ms. Bobber said that after the new addresses were determined, Luncie McNeil, Director of Public Works, was able to order the new street signs with the correct address ranges. She said the signs are to be delivered and erected in mid-July.

Ms. Bobber said that town staff would be sending notices to the property owners and the residents of New Hill Road regarding their new address numbers and street name. She said the effective date of the change will be August 1, 2003 to ensure adequate time for the street sign delivery and installation as well as for the residents to have adequate time to complete all of the address changes that they will need to make.

Action: None.

6d. Arbor Pointe Apartment Housing Revenue Bonds Request by The NRP Group – Janice Ashley of The NRP Group requested the Town Board consider adoption of Resolution 03‑18 providing the town's consent for The NRP Group to use multi‑family housing revenue bonds for the construction of Arbor Pointe apartments. Ms. Ashley said that the developer proposes to build an 114‑unit development to be located in the Arbor Creek subdivision off of Sunset Lake Road and 2,144 square foot clubhouse. She said tax exempt financing lowers the cost of high quantity housing therefore, allows the developer to charge lower rental fees than market rate rents. She said the total development cost of the project would be approximately $10 million.

Ms. Ashley said that the development will have 36 market rate rental units and 78 units below market rate.

Ms. Ashley said the developer intends to finance construction of this development with housing revenue bonds. She said that in order to do this, The NRP Group must receive consent to use this type of financing from the municipality where the proposed development would be located.

Commissioner Schifano asked if they had completed a marketing analysis for the rental demand for the Holly Springs area. Ms. Ashley said yes, a Baltimore company completed an independent marketing study. She said the results from the study concluded that there was a need for this type of development in this area.

Commissioner Atwell said that the proposal looks good and of high quantity. He said that his concerns that in past proposals submitted to the Board were similar and also looked good, but there are three (3) housing opportunities for people to live in Holly Springs that are similar but with different names and looks. He feels that Holly Springs has enough of affordable housing and this project would not be a good match for Holly Springs.

Commissioner VanFossen asked if the group has completed a rent rate study.

The Board discussed the levels of income and affordable housing in Holly Springs.

Action: The Board approved a motion to not adopt Resolution 03-18 denying consent to use financing with multi-family housing revenue bonds to construct multi-family housing facility use known as Arbor Pointe apartments.

Motion By: Atwell

Second By: Schifano

Vote: Dickson, Tedder, Atwell and Schifano in 4 favor to deny; VanFossen opposed.

Commissioner Atwell asked the Board to discuss Consent agenda item 7g budget amendment $70,000 for W. E. Hunt Community Center improvements. Commissioner Atwell said that he had a concern with spending $70,000 to make improvements to the W. E. Hunt Community Center bathrooms. He said there are tangible and intangible goals for the building and property in meeting the recreational needs of the town. He said that he knew that there are funds in the budget for the improvements.

Len Bradley said the town budgeted $80,000 for renovations to enlarge the bathrooms adding 600 feet ($70,000) for the W. E. Hunt Community Center to meet the ADA requirements and to add a pitch roof on the gymnasium, ($10,000). Mr. Bradley said that he would be a number of years before discontinue the use of the building. The Board discussed the future needs of the building and recommended that staff complete just enough improvements to bring the building to meet all required ADA and State codes and to use minimum town funds.

Commissioner VanFossen discussed with the Board members the various State codes, rehabbed codes and ADA regulations that the codes were based on the capacity and square footage of the building. Commissioner VanFossen suggested reviewing the rehabbed codes and installing a unisex bathroom with a couple of handicapped stalls. He said that he recommends moving in a positive direction to stop and rethink the site and maybe to start putting the town funds into the community center or the cultural arts and library site.

Mr. Dean said that he would like to clarify the issue if the Board decides not to take action; the funds would go back to the fund balance. He said that if the board wishes to revisit this item on a smaller scale and request for bids, staff can resubmitted a budget amendment back to the board next year.

Commissioner VanFossen said the issue in question does the town want to designate funds for improvements of the W. E. Hunt Community Center or start directing the funds toward something new such as the proposed Library-Cultural Arts Center.

Action: The Board made a motion to remove item 7g from Consent Agenda and to place on the agenda as 8c.

Motion: Atwell

Second: Schifano

Vote: Unanimous.

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

7a. Budget Amendment $81,850 -The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $81,850 to distribute reimbursements from FEMA for the December ice storm clean‑up. A copy of the budget amendment is incorporated into these minutes as an addendum pages.

7b. Budget Amendment $520 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $520 to receive insurance proceeds to cover damaged police vehicle. A copy of the budget amendment is incorporated into these minutes as an addendum pages.

7c. Budget Amendment $40,000 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $40,000 to allocate funds to cover expenditures relating to the Governor=s Crime Commission Grant. A copy of the budget amendment is incorporated into these minutes as an addendum pages.

7d. Budget Amendments $435,000 - The Board adopted budget amendments to the FY 2002‑03 budget totaling $435,000 to allocate funds to cover costs associated with the Sunset Ridge pump station and condemnation legal fees as part of the Fair Share water/sewer project. Copies of the budget amendments are incorporated into these minutes as an addendum pages.

7e. Budget Amendment $12,087 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $12,087 to allocate funds to cover costs associated with improvements to Thomas Mill Road. A copy of the budget amendment is incorporated into these minutes as an addendum pages.

7f. Budget Amendment $80,000 - The Board adopted a budget amendment to the FY 2002‑03 budget in the amount of $80,000 to allocate funds to cover increased residential garbage and recycling growth costs for Waste Industries contract services. A copy of the budget amendment is incorporated into these minutes as an addendum pages.

7g. Budget Amendments $70,000 - item was removed from consent agenda and added to unfinished business item 8c.

7h. Resolution 03-17 - The Board adopted Resolution 03‑17 to authorize condemnation to acquire certain property of Bible Way property owner. A copy of Resolution 03-17 is incorporated into these minutes as an addendum pages.

7i. Minutes - The Board approved minutes of the Board=s regular meeting held on May 20, 2003.

Mayor Pro Tem Dickson asked for further discussion on agenda item 8c. Budget Amendments $70,000 - budget amendment to the FY 2002‑03 budget in the amount of $70,000 to transfer funds from General Fund to Project Fund to complete renovations to bathrooms in the W. E. Hunt Community Center gym.

Action: No action, therefore the funds will remain in the General Fund balance until a future date and resubmit another budget amendment for a lesser amount and renovations to the W. E. Hunt Community Center.

Copies of the budget amendments are incorporated into these minutes as addendum pages.

8a. Braxton Village North, 03-MAS-03 Preliminary Plan - Ms. Bailey explained that at the June 3 Town Board meeting the board tabled this item and requested staff to provide the Braxton Village Master Plan for a clear understanding of the roadway layout. Ms. Bailey briefly reviewed with the Board members that the questions regarding the street stub out, also the information of Braxton Village and Holly Glen road widths and unit counts in comparison with other neighborhoods. Ms. Bailey said that the developer has made revisions to the site to address one of the boards concerns with cul-de-sac that serves lots 12, 13 and 14. She said in making revisions to Braxton Village North the preliminary plan now proposes 29‑lots instead of 28-lots. Ms. Bailey said the previous information remains the same and there is still a concern with Lot 1 of the plan, the lot depth is approximately 130-129 feet the minimum UDO required lot depth for Lot 1 is 150 feet. She said the developer is proposing to apply for a variance from the Board of Adjustment for lot 1 and because the lot doesn’t meet the lot requirements town staff recommends that lot be used as open space. Ms. Bailey said that staff is recommending approval of subdivision with conditions.

Commissioner Schifano asked in R-10 zoning and R-15 zoning what was the difference in the number of lots. Ms. Bailey said that the difference between the total numbers of proposed lots from R-10 zoning and R-15 were 3 lots less in R-10 zoning.

Commissioner Atwell said that his major concerns were the access points to the proposed development and the impacts the through traffic of future growth of the undeveloped property when connecting roads to Braxton Village and Holly Glen Subdivisions. Commissioner Atwell would like to see another access point for Braxton Village other than Sycamore Drive.

Commissioner Schifano asked are there any future proposed stub-outs to the undeveloped property to improve the design of road connectively. Commissioner Schifano discussed the development proceeding forward with the understanding that future development will stop until the donut holes are developed for road connection improvements.

Harvey Montague the developer of Braxton Village and Holly Glen subdivisions said that he developed both subdivisions and the roadway that connects both subdivisions. He said that the road was developed to widths that would handle the traffic flow and with no drive cuts. He said that the stub-out that leads up to the 29 lots were good planning for fire, rescue, sewer and water connections. Mr. Montague said that future development will happen, and will connect to Avent Ferry Road, but understanding that the property is surrounded by property owned by CP&L. He said both subdivisions was planned from the beginning with a Master Plan and worked with the town in the design. Commissioner Schifano asked Mr. Montague does the master plan reflect access to the property in the middle of Holly Glen and Braxton Village subdivisions. Mr. Montague said yes, the plan shows stub-outs to that property in hopes the property would be developed. There were further discussion among the board members and the developer regarding future development and access points.

Action: The Board made a motion to approve Preliminary Plan #03‑MAS‑03 Braxton Village North as submitted by Blackburn Consulting Engineering, with the following conditions:

1. Sign applications must be submitted to and approved by the Department of Planning & Zoning prior to the installation of any signage‑ temporary or permanent.

2. At the time of final plat review the following credits toward the Recreational Facilities and Open Space dedication requirements will be provided:

* Dedication of 3000 feet of greenway easement = credit for one lot, therefore fees in‑lieu of dedication will be required for 27 of the 28 lots.

*Construction of 105 ft. of greenway @ $10 per foot = $1050 credit toward fees‑in‑lieu of dedication.

*Fees that will be due are as follows: 27 lots at $833/lot = $22,491 less $1050 (greenway construction) for a total fee due of $21,441. Fee‑in‑lieu of Open Space must be paid prior to final plat approval.

3. A fee‑in‑lieu of pump station upgrade will be required for this site.

4. Development of this site is dependent on the adjacent sites being developed. The Town can=t guarantee the schedule of adjacent development.

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

*Wetland and flood zone delineation with FFE=s.

*Documentation of recorded access to the site.

*A preliminary vertical roadway design and culvert design for the future roadway connection.

6. Construction traffic prohibited through Holly Glen Subdivision.

Motion By: Schifano

Second By: Tedder

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

8b. Neuse River Basin Riparian Buffer and Cape Fear River Basin Buffer UDO Ordinance Amendment 03-03 - Ms. Keefer explained to the Board members that a public hearing was held on the May 20^th Town Board meeting. Mrs. Keefer said that after receiving public comments and the Planning Boards recommendations, staff has revised the ordinance language for the Neuse River Basin Buffer requirements to provide a 100‑foot buffer on perennial features and 50‑foot buffer on intermittent features.

Mrs. Keefer said that staff also changed the language on the table for riparian buffers on existing lots to clarify the requirements for lots within a PUD. She said also as requested by Commissioner Schifano, the final version of the Table of Uses has been provided for inclusion into the ordinance, in lieu of the Engineering Standard Specifications.

Action: The Board approved a motion to adopt Ordinance 03‑03 amending the Town of Holly Springs Unified Development Ordinance Section 7.06, D., 4., e., (2) Neuse River Basin Riparian Buffer Protection, Section 7.06, D., 4., e., (2) Cape Fear River Basin Riparian Buffer Protection and Section 11.02 Definitions.

Motion By: Tedder

Second By: VanFossen

Vote: Unanimous.

A copy of Ordinance 03-03 is incorporated into these minutes as addendum pages.

9a. Riparian Buffer Waiver Packet/Form B Mrs. Keefer explained to the Board members that on May 20, 2003 engineering staff brought forth the proposed Riparian Buffer Modification and Waiver Procedures and Waiver Application Packet to the Technical Review Committee (TRC) that is to be added to the Town of Holly Springs Development Procedures Manual.

Mrs. Keefer said that the riparian buffer regulations for both the Cape Fear and the Neuse River Basins provide provisions to allow both modifications and waivers to the buffer regulations.

She said the Director of Engineering would issue modifications and the Town Board would issue waivers. Mrs. Keefer said that modifications in both of the river basins are designed to be variances. The Town Board will only be issuing waivers in the Town‑mandated portion of the buffer (Zones NRB 3, CFB1 and CFB2), she said.

Action: The Board approved a motion to approve the waiver packet and the Riparian Buffer Modification and Waiver Procedures for the Town of Holly Springs Development Procedures Manual.

Motion By: VanFossen

Second By: Schifano

Vote: Unanimous.

9b. Southpark Village Developer Agreement - Ms. Sudano reviewed with the Board a project summary of Southpark Village history and the development sewer needs.

Mrs. Sudano said that after the approval of Southpark Village site plan, the developer and the Town has investigated the best way to serve the project with sanitary sewer. Ms. Sudano said the location of the property is located on both sides of the NC 55 Bypass. The Town=s preference has been for any sewer infrastructure improvements made in the area to be undertaken in line with the Town=s Sewer Master plan, taking care not only this development, but future development in the basin as well she said.

Mrs. Sudano reviewed with the Board the proposed developer agreement terms. (See attached Southpark Village developer agreement terms.)

Mrs. Sudano said that after discussing with the developer of Southpark Village and exploring both the possibility of pre‑paying development fees and making a payment in lieu of required project infrastructure costs, the developer has agreed to the pre‑payment of sewer acreage fees and sewer capacity replacement fees for both the 20‑ and 40‑acre parcels of property.

Mrs. Sudano said that staff and the Manager recommends entering into the Southpark Village developer agreement with the developer with terms as outlined.

The board discussed the fee rates the developer were paying are considered low.

Action: The Board made a motion to approve to enter the Southpark Village developer agreement with the following terms:

$ The developer would prepay fees at current parcel zoning

$ The developer would pay fees for the entire 60 acres at the time of the first construction drawing approval for any portion of the 40‑acre parcel

$ The developer would pay fees at the rates outlined on the fee schedule in place at the time construction drawing approval is granted; the current total estimated amount of those fees is $212,100 (see attachment summary of those fees)

$ The developer would construct a sanitary sewer main through both the 20‑ and 40‑acre parcels of property and tie to a proposed gravity sewer main east of NC55, currently proposed for construction by Wilco‑Hess; (note that the Town does not control the timing of construction of this sewer main by Wilco Hess developer)

$ The Town would initiate design and easement acquisition of the sewer outfall, (from the Southpark Village and to the Bass Lake outfall) and commit to construction=s being completed within two years of the payment of fees by the developer; The estimated cost of the gravity sewer outfall project for which these funds would be used is $600,000 excluding easement acquisition costs; There are approximately 4 acres of easements required, which could cost between $50,000 and $100,000 in additional costs; Note that this leaves project funding needed of approximately $400,000.

$ The Town would agree to credit both the 20‑acre and 40‑acre parcels of land with payment of acreage and capacity replacement fees in full, regardless of any modifications to the actual number of meters and meter sizes, as long as the zoning remains commercial. If a parcel changes to residential use, the developer would pay the difference in capacity replacement fees between those capacity replacement fees prepaid under the terms of this agreement and the capacity replacement fees due under the new zoning and associated development plan.

$ Town would develop a fee assessment in lieu for this type of development.

Motion By: Schifano

Second By: Tedder

Vote: Unanimous

A copy of the draft Southpark Village developer agreement terms are incorporated into these minutes as addendum pages.

9c. Sunset Lake Road Intersection Appraisal Services Agreement – Mr. Dean asked the board to table this request.

Action: The Board made a motion to table Sunset Lake Road intersection project proposal for appraisal services agreement.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous.

10. Public Comment B 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: None.

11. Other Business: Commissioner Atwell suggested the town to start making plans or set aside funding designed for the Cultural Arts Community Center/Library or a facility to house athletic and non athletic programs. Commissioner Atwell wanted to make it clear that the funds from BFI are designated funds for these types of projects. Commissioner Atwell would like to move forward with a community/recreation center that will house all the town’s needs. Commissioner Atwell said that he was under the impression that the town had designated funds in an account just for the development of the cultural art community center. There was further discussion among the Board members regarding not loosing sight of the development of the cultural arts community/library site. Mr. Dean said that the town is identifying the site options the size of building is based on the usage and the type of town programs. Mr. Dean said the town needs to take into consideration the best site options such as this site or the property at the new high school and then look at all the components that the town needs in order to design the building the same study procedures that was completed with the new town hall and the police department should be done on the development of the community center. Mr. Dean said that the Wake County budged was adopted without the increase in taxes therefore, no plans for a library. Mr. Dean said that there are funds in next years budget for site design and infrastructure work on Ballentine Street.

12. Manager=s Reports B Mr. Dean reported on the construction of the new Town Hall and moving on Friday, June 20, 2003.

13. Closed Session – The Board approved a motion to enter Closed Session, pursuant to G.S. 143-318.11(a)(3) to discuss with the Town Attorney for the proposed litigation of Franks vs. Wake County and pursuant to G.S. 143-318.11(a)(4) to discuss the negotiation of an agreement with Wake County concerning the location of a library and license agreement with Wake County Board of Education for the use of a portion of property to operate and conduct community recreational programs on the High School site located on Avent Ferry Road.

Motion: Schifano

Second: Atwell

Vote: Unanimous

General Account

The Board discussed the progress of the development of the inter-local agreement with Wake County regarding the development of the library site. The town attorney asked Board direction of volunteering Stephanie L. Sudano and Gina Bobber as professional witnesses in the Franks vs. Wake County. The Board gave the Town Attorney direction to proceed with Frank vs. Wake County. The Board discussed the license agreement with Wake County Board of Education to develop and make improvements to the recreational field and not to exceed $20,000 and bring the agreement back to the Board for ratification.

B End General Account

Action: The Board approved a motion to reenter Open Session.

Motion By: Atwell

Second By: Schifano

Vote: Unanimous

Action: The Board approved a motion to authorize Town Manager to develop an license agreement with Wake County Board of Education to develop recreational fields and to allocate funds not to exceed $20,000 and bring the agreement back to the Board for ratification.

Motion By: Schifano

Second By: Atwell

Vote: Unanimous

14. Adjournment B There being no further business for the evening, the June 17, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 10:15 p.m. following a motion by Commissioner Atwell, a second by Commissioner VanFossen and a unanimous vote.

Respectfully Submitted on Tuesday, July1, 2003.

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Linda R. Harper

Deputy Town Clerk

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