Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, September 16, 2003
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday,
September 16, 2003 in the Council Chambers of Holly Springs Town Hall, 128 S.
Main Street. Mayor Dick Sears presided,
calling the meeting to order at 7 p.m. A
quorum was established as the mayor and all five board members were present as
the meeting opened.
Board
Members Present: Commissioners Steve Tedder, Mike Taylor, Chet
VanFossen, Peter Atwell, Hank Dickson and Mayor Sears.
Board
Members Absent:
None.
Staff
Members Present:
Carl Dean, town manager; John Schifano, town attorney; Joni Powell, town clerk
(recording the minutes); Linda R. Harper, deputy town clerk; Drew Holland,
finance director; Erika Phillips, human resources director; Len Bradley,
director of parks and recreation; Stephanie Sudano, director of engineering;
Kendra Thompson, senior engineer; Alysia Bailey, senior planner; Gina Bobber,
planning director; Tamara Ward, public information officer; and Cecil Parker,
chief of public safety.
2 and
3. The pledge of allegiance was recited, and the meeting
opened with an invocation by Rev. Lewis Gentry, pastor of the Holly Springs
Baptist Church.
4. Agenda Adjustment: The September 16, 2003 meeting agenda was adopted with
changes, if any as listed below.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous.
Items Added to the Agenda: Resolution 03-23, a resolution authorizing payment
of overtime to employees in case of a state of emergency due Hurricane Isabel
(which is forecast to approach this area on Thursday, Sept. 18), was added to
the Consent Agenda.
Agenda Items Removed: None.
Other Changes: None.
5a. Public Hearing: Rezoning Petition 03-REZ-04
- Ms. Bailey explained that the Town had received a petition requesting the
rezoning of 35.40 acres from R-MF-15 multi-family residential to R‑8
residential district. Ms. Bailey said
the land is located off of Kildaire Farm Road and Ness Drive. According to the Town=s 10-Year Comprehensive Growth Plan,
the property is located within an area designated for medium-density
residential development and is at the edge of a Community Activity Center
(CAC), which is slated for dense development at the intersection of the future
outer loop and Kildaire Farm Road interchange, she reported.
Ms. Bailey said the medium density residential areas are to
be developed at a density of two to five units per acre, and the maximum
allowable density in the R‑8 zoning district is 4.5 units per acre.
Ms. Bailey said that down‑zoning this property from R‑MF‑15
to R‑8 would render it more compatible with the surrounding area and
would provide a good transition from the Community Activity Center node to the
existing residential development located to the north.
With that explanation completed, Mayor Sears opened the
public hearing to accept input. The
following comments were recorded: None.
There being no comments, the public hearing was closed.
Action: The Board approved a motion to approve Rezoning Petition 03‑REZ‑04,
changing the zoning of 35.40 acres on Kildare Farm Road (Stone Tract) from R‑MF‑15
multi‑family residential district to R‑8 residential, as submitted
by Polk-Sullivan, LLC.
Motion By: Tedder
Second By: VanFossen
Vote: The motion carried following a
3-2 vote. Commissioners Tedder, Taylor
and VanFossen voted for. Commissioners
Atwell and Dickson voted against.
5b. Public Hearing: Development Plan 03-DP-04,
Scots Laurel - Ms.
Bailey said that this development has been designed using the R-8 residential
development incentives for property located off of Kildaire Farm Road. She said the development is proposing 145
lots to include 58 townhomes and 87 single-family homes.
Ms. Bailey said that after obtaining the approval of the development
plan for the development incentives, a plan of the architectural and site
design review will be required for the multi‑family residential component
within the subdivision since the specific architectural information was not
provided at this time.
Ms. Bailey said with the use of the development incentives,
Scots Laurel would be granted a blanket waiver of the R‑8 development
standards for minimum lot size, minimum lot width, front yard setbacks, and
side yard setbacks. Ms. Bailey explained
that the front yard reduction is determined by the location of the garage
opening. The homes with front loaded
garages are required to provide a minimum front yard of 20 feet; the homes with
side loaded garages are required to provide a minimum front yard of 15 feet,
and the homes with rear loaded garages are required to provide a minimum front
yard of 5 feet.
Ms. Bailey explained that residential developments that are
designed using the development incentives are committing to provide homes with
specific architectural and, in some cases, landscape features.
Ms. Bailey said that the cover sheet of the plan indicates a
list of the commitments that the developer is proposing to make. She said that the sidewalks and crosswalks
have been provided throughout the interior of the proposed development and
along Kildaire Farm Road. She said that
staff has recommend that an 8-foot asphalt public greenway trail and easement
be provided from the cul‑de‑sac at Grenoch Valley Lane to the
southwest corner of the property.
From engineering department notes, Ms. Bailey reported that
water and sewer would be extended to the site and to the upstream properties by
the developer, and a fee‑in‑lieu of pump station upgrade also would
be required; that this project fronts on Kildaire Farm Road, which is on the
town=s thoroughfare plan, and the
developer would be required to widen the frontage to half of the 74-foot
back-to-back on 100 feet of right of way; and that the lies within the Neuse
Basin and would be subject to the Neuse Buffer regulations, and that the
developer is proposing to have on site some permanent retention areas to
control drainage.
Ms. Bailey explained to the Board that the petitioner has
requested that the public hearing be held but that action on the development incentives
and the development plan be deferred until such time as the townhome section of
the subdivision is brought to the Town Board.
She said she expects that the townhome section would be scheduled for
Town Board action in October.
With that explanation completed, Mayor Sears reopened the
public hearing, which originally was opened on Aug. 19 and was continued to
this evening, 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
defer action on development incentive waivers and Development Plan Petition
03-DP-04 for Scots Laurel until Oct. 21 when the townhome section of the plan
is presented to the Town Board for consideration.
Motion By: Tedder
Second By: VanFossen
Vote: Unanimous
5c.
Public Hearing: Ordinance 03-17, Signage - Ms. Bailey
said a growing number of grand openings in Holly Springs are including the use
of balloons and pennants, which are prohibited by the UDO. The UDO does, however, allow for temporary
signage/banners and search lights with the appropriate permits. She said based on discussions with the
Technical Review Committee, staff has drafted a UDO amendment that would allow
the use of balloons and pennants in conjunction with grand openings.
Ms. Bailey said that staff proposing to revise Section 7.03,
C. Prohibited Signs, 5. Windblown Devices to include a statement that indicates
that balloons and pennants may be permitted as otherwise indicated in Section
7.03. Ms. Bailey said in Section 7.03,
D. Signs in Residential Districts, would be modified to allow for the use of
wind‑blown devices on a quarterly basis.
A subsection would be added to Section 7.03, E., 9.; and Section 7.03,
F., 5. of the UDO that would include regulations for the use of balloons,
pennants and banners for grand openings and special events.
Ms. Bailey added that Section 7.03, F., 5. also would be
modified to allow for a temporary sign in connection with a grand opening to be
larger than other temporary signs in the Neighborhood Village and Local
Business districts, on local or collector streets and in the Town Village
district. She explained that Section
11.02, Definitions would be modified to include a definition for grand
openings, and remove "grand opening@ from the definition of "special event."
Commissioner Atwell asked what the modification to the
residential district to allow windblown devises would entail. Ms. Bailey explained that this would allow
promotional balloons and sign balloons for grand openings or model homes on a
quarterly basis.
Commissioner Atwell said he felt that section should be
tweaked so that there would not be a large number of windblown devices all over
town at any given time.
Ms. Bailey pointed out that the allowance would be tied to a
Aspecial event@ as defined in the UDO.
Commissioner VanFossen suggested clarifying the modification
by tying it to an event in which a tract containing model homes opens.
Commissioner Tedder suggested clarifying the modification by
adding the words Aannouncement of subdivision of
multiple homes@ to the verbiage.
Ms. Bailey suggested that the allowance be tied to a
subdivision, rather than a builder, broker or developer. She noted that the Board should place a time
limit on the allowance to avoid repeated renewal applications.
A consensus of the Board was that the time limit should be Asemi-annual@ rather than on a Aquarterly basis.@
Commissioner Dickson said he had a problem with including
holidays as an opportunity for using windblown devices because there are so
many holidays in the year. He suggested
limiting the special events to business-related events or Town-sponsored (or
co-sponsored) community events.
Ms. Bailey pointed out that this may exclude school
festivals, etc.
Commissioner Dickson agreed that this is not his intention
and that he is mainly concerned about holidays.
Ms. Bailey summarized that the Board wishes to remove the
holidays from the list of special events and to modify the residential proposal
to tie allowance of windblown devices to subdivisions on a semi-annual basis.
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
defer action on Ordinance 03-17 until verbiage modifications as mentioned in
discussion are made and presented to the Board at its next meeting.
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous
5d.
Public Hearing: Ordinance 03-18 -- Ms. Bailey explained to the Board that Section 2.09,
Development Incentives for Residential Districts, C., 1., (3), b. Development
Standards, in the UDO allows for reductions in the minimum lot area, minimum
lot width, minimum lot frontage and minimum front yard, but does not permit the
reduction of the minimum lot depth. Ms.
Bailey said that this matter was brought to the attention of staff and the
Technical Review Committee by a surveyor who has been trying to design a
subdivision based on the Development Incentive regulations.
Commissioner Atwell asked if the design incentives were
resulting in more requests for smaller lots.
Ms. Bailey said the intent of the incentives was to address Ainfill@ development. The Town is trying to create through the
incentives a smaller lot in exchange for a home with a larger value.
There was discussion of how prevalent smaller lots seem to
be.
Ms. Bailey then outlined the changes that are proposed in
the second half of the amending ordinance. Ms. Bailey explained that according
to Section 2.09, C., 2., d., (3) of the UDO, multi‑family dwelling units
designed using development incentives are only permitted to have rear‑accessed
garages, carports, and other off‑street parking areas reserved for owners
or occupants. She said that staff
believes that there should be provisions to allow for front‑loaded
garages when certain additional design criteria are met.
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 Ordinance 03-18 to approve and enact UDO Amendment #03‑UDO‑11:
amending Section 2.09 Development Incentives for Residential Districts, C., 1.,
(3), b. Development Standards; and Section 2.09, C. Development Incentives in R‑30,
R‑20, R‑15, R‑10 and R‑8 Districts, 2. Additional
Development Requirements for Development Incentives in the R‑30, R‑20,
R‑15, R‑10, and R‑8 Districts, d. Design Features, (3)
Multifamily to allow for reductions in the minimum lot depth and to address
incentives for multi-family units with front-loaded garages (to include three
of the five incentives).
Motion By: VanFossen
Second By: Tedder
Vote: The motion carried following a 3-2 vote. Commissioners Tedder, Taylor and VanFossen
voted for. Commissioners Atwell and
Dickson voted against.
A copy of Ordinance 03-18 is incorporated into these minutes
as addendum pages.
6. Wake County Schools and Library Bond Referenda - Mayor Sears explained to the
Board that on October 7, 2003 Wake County voters will be asked whether or not
they wish to approve the issuance of two separate bonds: $450 million for
school construction and $35 million for construction of public libraries.
He then introduced Horace Johnson, co‑chair of the
Friends of Wake Committee, and Wake County Manager David Cooke who presented
the Board with information on the bond referenda and were available to answer
questions.
The school bond will fund a four-year program, including
construction of 13 new schools and renovation of several others. The library bond would build several new
branch and regional libraries as well as pay for renovations of others. Holly Springs High School and a branch
library for Holly Springs are among the projects on the construction schedule,
should the bond referenda pass.
Mr. Johnson noted that no tax increase would result for
passage of the bond referenda and he expects that the election will have a
positive result.
Mr. Cooke addressed the Board and provided informational
brochures about the upcoming election.
Action: The Board approved a motion to adopt Resolution 03‑22 supporting
the passage of bond referenda in the amounts of $450 million to build schools
and $35 million to build libraries.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous
A copy of Resolution 03-22 is incorporated into these
minutes as an addendum page.
7. 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:
7a. Budget Amendment, $950 - The Board adopted a budget amendment to the FY
2003‑04 budget in the amount of $950 to cover cost of a damaged public
works vehicle. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
7b. The Mercer Group
Classification Study Proposal - The Board approved to enter a contract with the Mercer
Group in the amount of $14,500 to provide a classification study of town job
positions. A copy of the The Mercer
Group proposal is incorporated into these minutes as addendum pages.
7c. National League
of Cities= Annual Business Meeting Delegates - The Board appointed Mayor Sears
as the Town=s voting delegate and Commissioner
Van Fossen as alternate at the National League of Cities= annual business meeting on December
13, 2003.
7d. Resolution 03-23,
Hurricane Isabel B The Board adopted Resolution 03-23
authorizing overtime pay in case of a state of emergency following landfall of
Hurricane Isabel, expected around Thursday, Sept. 18. A copy of Resolution 03-23 is incorporated
into these minutes as an addendum page.
8a. Sunset Lake Road and Holly Springs Road
Intersection Plan ‑
Ms. Thompson explained to the Board that town staff has been working with
Mulkey Engineers & Associates on the design of improvements at the Sunset
Lake Road and Holly Springs Road intersection.
Ms. Thompson said that town staff has obtained NCDOT approval of the 25%
preliminary plan, and is preparing to submit 75% plans to NCDOT.
Ms. Thompson said the laneage configuration shown on the
plan is based upon a traffic study conducted by Kimley Horne & Associates
with the objective of constructing the intersection to handle traffic through
the next 10 years.
Ms. Thompson said that town staff is working with the
developer of the Harris Teeter site to obtain additional right of way for a
dual right turn lane on Sunset Lake Road, which is highly recommended due to
the high projected average daily turning movements.
She added said that the improvements as shown on the plans
are estimated to fall within the budgeted project funds and that several
alternates will be bid along with the base bid.
Ms. Thompson said the Town has held a 25% preliminary plan
informational meeting in which all of the adjacent property owners were
invited. She said one additional public
information meeting will be held with property owners.
Action:
The Board approved a motion to endorse the Sunset Lake Road and Holly Springs
Road intersection improvement plan.
Motion By: VanFossen
Second By: Atwell
Vote: Unanimous
8b. Neighborhood Business District Gateway - Ms. Bobber explained that in May,
a request was brought before the Town Board by the developer of CVS to
eliminate the installation requirement of the Neighborhood Village District
Gateway Feature from the site. Ms.
Bobber said at that meeting, the Board granted the request and stated that the
Town would pay for its installation in the future.
She said that it=s staff=s understanding that the only corner
that received the waiver from installation is the CVS site; however, there is
some discussion among Administration and Board members that all four corners
were granted reprieve from the construction requirements of the gateway feature
monuments. She said all are in
agreement, however, that any development will need to provide an easement for
this feature, whether or not the developer is required to construct it.
Ms. Bobber said staff is requesting clarification on this
matter since staff is working closely with the developers of the Express Food
& Fuel and Sunset Lake Road Shopping Center to finalize their construction
plans. Although the Town has not yet received
any formal requests from these developers to be waived from this requirement,
staff is expecting a request to be made by the developer of the Express Food
& Fuel site.
Ms. Bobber said the questions before the Board for
discussion and clarification are the following:
*Should all four corners be granted a waiver from the
construction requirements of the gateway feature?
* If so, should the cost for the installation of these
monuments be added to the road widening project currently under design? Note: funds have not been included to date
for the installation of these features.
*If not, will money be included in the 2004‑05 Budget
to allow for the construction of these monuments?
* If not, how does this impact the Waiver granted to Express
Food & Fuel to have their building encroach into the required setback? Should that be revoked since the finding is
no longer valid?
The Board clarified as follows:
1) All four corners of the Sunset Lake Road and Holly
Springs Road intersection are granted a waiver from the construction
requirements of the gateway feature but are required to provide the easements
to accommodate them; and
2) funds will be included in the FY 2004‑05 budget to
allow for the Town to construct the monuments; and
3) The waiver granted to Express Food & Fuel to have its
building encroach into the required setback is unaffected.
8c. Arbor Creek Animal Wellness and
Rehabilitation Clinic - Mr. Dean explained to the Board members that the developer of the
Arbor Creek Animal Wellness and Rehabilitation Clinic has requested waivers of
additional roadway improvements and a delay in the sidewalk improvements and
landscape requirements.
Mr. Dean said that the owners had done some roadway work,
but the alignment is not exactly right because development will have to occur
further up the street. The clinic owners
also are asking to be relieved of any further roadway improvements and to be
allowed to complete the landscaping and sidewalk that is required at a later
date. They also are asking to be allowed
sewer credits to offset their expenses in providing a survey, engineering work,
construction materials and time into a manhole position that was requested by
the Town but that was determined by his engineer as not feasible. The clinic owners have been provided a sewer
credit of $7,876 but feel their actual expenses have been $8,572, and they
would like further credits.
Mrs. Sudano suggested that the Town could add to their fee
credits an amount equal to the difference between an 8-inch and 12-inch rock
bore and pipe to help offset their $50,518 unexpected expense in boring through
rock to extend a 12-inch water line across Middle Creek.
1. Landscaping and
Sidewalk – The owners asked for permission to delay installation of landscaping
and sidewalk. The Board agreed, as long
as a letter of credit was provided so that the improvements could be installed
by January 2005.
2. Rock bore – After
hearing of the unexpected cost, the Town Board agreed with staff’s
recommendation to award further credits equal to the difference in cost of an
8-inch and 12-inch rock bore and the difference between 8-inch and 12-inch pipe
since the Town requested the up-sized line.
3. Roadway
improvements – Since the roadway improvements made to date are off-center,
which may be fixed by future development, the Town Board absolve the developers
from the remaining work.
4. Fees – Breakwell
Properties will not be required to pay back at issuance of a certificate of
occupancy $7,876 in fee credits previously provided.
Action:
The Board approved a motion to take action as enumerated above.
Motion By:
VanFossen
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: None
10. Other Business: Commissioner VanFossen said he
would start making reports to the Town Board as to what is discussed at the Technical
Review Committee meetings so that the Board is more aware of the topics that
are discussed.
Commissioner Atwell mentioned that he would like the Town to
consider the 10-year Comprehensive Plan and an update to it. He added that whatever is done with it, he
does not want to feel that it is a concrete plan or that it is more than just a
guideline.
11. Manager’s Reports:
Mr. Dean reminded the Board members about the upcoming North Carolina
League of Municipalities conference and to get their registrations in if
interested in attending; he reported that the Town is prepared to cope with any
emergencies that may arise from Hurricane Isabel, if the storm happens to
affect this area.
12. Closed Session ‑ None.
13. Adjournment - There being no further business
for the evening, the September 16, 2003 meeting of the Holly Springs Board of
Commissioners was adjourned at 9:50 p.m. following a motion by Commissioner
VanFossen, a second by Commissioner Atwell, and a unanimous vote.
Respectfully
Submitted on Tuesday, October 7, 2003.
_________________________________
Joni
Powell, CMC
Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.