Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Sept. 2, 2003

 

MINUTES

 

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Sept. 2, 2003, in the Council Chambers of Holly Springs Town Hall, 128 S. Main Street.  Mayor Dick Sears presided, calling the meeting to order at 7:00 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 Harper, deputy town clerk; Drew Holland, finance director; Len Bradley, director of parks and recreation; David Smith, athletic director; Stephanie Sudano, director of engineering, Kendra Thompson, senior engineer, Alysia Bailey, senior planner; Martha Daniel Hobbs, planning technician; Gina Bobber, planning director; Cecil Parker, chief of public safety; and Thomas Tillage, director of public utilities.

 

2 and 3.  The pledge of allegiance was recited, and the meeting opened with an invocation by Rev. Sam Gore.

 

4.  Agenda Adjustment: The Board approved a motion to adjust the Consent Agenda to remove Item 8d for further discussion so that dates for the mini-retreat could be changed.

Motion By: VanFossen

Second By: Taylor

Vote: Unanimous.

 

The Board approved a motion to adopt the remaining regular agenda.

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

 

5a.  Woodmen of the World Presentation – Mayor Sears presented Steve Macon, Holly Springs area resident and representative of Woodmen of the World Lodge #1473, with a Certificate of Appreciation for the Lodge's contributions of flags to the Town of Holly Springs.

Mayor Sears noted that the Woodmen of the World Lodge #1473 has donated all of the American flags used by the Town of Holly Springs over the years, including the ones at the fire stations and the council chambers set that has been used for the past several years.  This year, the Lodge is contributing a new formal set of flags, poles and holders for the new board room and the American flag that is flying on the flagpole.

Mr. Macon gave a brief presentation on the history of the American flag.

Action: None.


 

5b.  Holly Springs Football and Cheerleading Booster Club – Commissioner Dickson, as president of the Holly Springs Football and Cheerleading Booster Club, addressed the Board, giving a bit of background about the group and reporting that the Club was providing a sizeable contribution to the Holly Springs Parks and Recreation Department.

Commissioner Dickson said that the Holly Springs Football and Cheerleading Booster Club works to foster a positive relationship with the town's parks and recreation department and is dedicated to providing resources to help the teams meet league minimum requirements for safety and appearance.

He reported that the Booster Club has donated the following equipment to the Town of Holly Springs Parks and Recreation Department: cheerleading stunt mat (valued at $747.93) and football blocking sleds/equipment (valued at $2755.)

He said that thus far, the Club has raised funds through membership dues, individual and business contributions, concession sales at a baseball tournament at Womble Park, T‑shirt sales and a July golf tournament at Devil's Ridge.

In recognition of the Club’s contributions to the Town, Commissioner Dickson “presented himself” and accepted on behalf of the Holly Springs Football and Cheerleading Booster Club Inc. a certificate of appreciation.

Action:  The Board approved a motion to accept the contribution of athletic equipment from the Holly Springs Football and Cheerleading Booster Club Inc.

Motion By:  Dickson

Second By:  Taylor

Vote:  Unanimous

 

5c.  Holly Springs All-Stars – Mr. Smith said that several meetings ago the Board tabled the  recognition of the Holly Springs 9‑ and 10‑year‑old boys All‑Star baseball team that won the District 4 Little Tar Heel Championship on Sunday July 13 by defeating Western Harnett 7‑0 in the finals.  He said the boys beat Lillington in the first round 13‑5; Coats in the 2nd round 7‑5; and Western Harnett 13‑2 in the semifinals.  The Holly Springs All‑Stars played in the State tournament in Erwin July 24‑27.  The team lost to Rocky Mount 8‑1; beat Erwin 13‑11; and then lost to Gastonia 12‑6.

Mayor Pro Tem Dickson presented each player with a proclamation congratulating the team for its accomplishments.

 

6.  Rezoning Petition 03-REZ-02, Bridgewater – Ms. Bailey said that at the Aug. 19 Board meeting, the Board directed that the petitioner return to the Town Board with an adjusted rezoning request that would decrease the amount of R‑8 zoning that is being requested.  Ms. Bailey said that staff met with the petitioner, who has made adjustments to the request.

Ms. Bailey said the property is located between the Arbor Creek and Windcrest PUD developments, and the original request was for a portion of the property to be rezoned from R‑20 Residential, which has a maximum allowable density of 1.75 units per acre, to an R‑10 Residential District with a maximum allowable density of 3.25 units per acre, and a portion to be rezoned from R‑20 to an R‑8 Residential District with a maximum allowable density of 4.50 units per acre.

Ms. Bailey said the town’s Ten Year Comprehensive Growth Plan has this property designated for medium density (2‑5 units per acre) residential development, which means that this zoning map change is in compliance with the Growth Plan.

Ms. Bailey said that the petitioner originally requested the following:

* Proposed (+/‑ 19 AC) R‑10 zoning adjacent to the existing Arbor Creek PUD to provide transition to the proposed R‑8 zoning for the southern portion of the property; and


* Proposed (+/‑ 81 AC) R‑8 zoning would be buffered from adjacent Windcrest PUD by a Neuse River Riparian Buffer and is similar to the lot sizes in the Windcrest PUD

 

Ms. Bailey said the amended rezoning petition requests:

* Proposed (+/‑ 71 AC) R‑10 zoning adjacent to the existing Arbor Creek PUD (3.83 units/acre) to provide a buffer and transition from the PUD to the R‑8 zoning district and adjacent to the Windcrest PUD (4.68 units/acre)

* Proposed (+/‑ 31 AC) R‑8 zoning is surrounded by R‑10 zoning on all sides with the exception of a small portion of property to the east that is zoned R‑8, but contains a Neuse River Riparian Buffer along the perimeter.

 

Ms. Bailey reminded the Board that the subject of the pending action is the question of zoning and not the development plan itself.

Commissioner VanFossen said the petitioner had done a good job of providing what the Board had asked.

Commissioner Dickson said it appears that the additional R-10 land area is not developable.

Commissioner Atwell agreed, but also agreed that whether or not the development plan calls for the increased R-10 area to be developed or not is the subject of another hearing and not the rezoning question.

Commissioner Tedder said he also felt that the overall density did not seem to change too much between the original petition and the adjusted request

Tom Spaulding, Spaulding and Norris – Mayor Sears yielded the floor to Mr. Spaulding to address the density question.  Mr. Spaulding said the developer had to incorporate as much usable land area for lots as the Board would allow to defray the cost of obtaining a required easement and construction of a new road to Hwy. 55.

Action: The Board approved a motion to approve Rezoning Petition 03‑REZ‑03 as amended, changing the zoning of 71.05 acres from R‑20: Residential to R‑10: Residential and 30.60 acres from R‑20: Residential to R‑8: Residential as submitted and adjusted by Spaulding & Norris, PA, for Wake County PIN 0659.01‑18‑9873. 

Motion By: VanFossen

Second By: Tedder

Vote: The motion carried, 4-1.  Commissioner Dickson voted against.

 

7b.  Public Hearing: Bridgewater 03-DP-05 Development Plan -- Ms. Bailey explained to the Board that the Unified Development Ordinance provides an opportunity for flexibility in the design of residential/mixed use developments through the utilization of the development incentives for residential districts. Ms. Bailey said that this option in the UDO was designed to provide developers with an opportunity to be more creative with their developments without going through the Planned Unit Development process.

She said the incentives allow for a specified reduction in the minimum lot size, lot width, and the front and side setbacks for the zoning district, provided that certain additional development requirements and design features are furnished.

Ms. Bailey said the original Bridgewater subdivision development plan had been designed using R‑10 district regulations without incentives immediately adjacent to Arbor Creek. Originally the plan called for 2.73 units per acre in the R-10 section.  The modified plan with the new zoning now calls for 0.76 units per acre, or 54 lots.

Under the original plan, the R-8 zone would have contained 184 lots.  The modified plan with the new zoning now calls for 130 lots.

Ms. Bailey went on to explain that the UDO process outlined for granting of waivers involves a public hearing in which the Town Board must make certain findings of fact that would allow a waiver of regulations.  If the Board can make those findings of fact, then it should decide on whether or not to allow the waivers that are requested.

Once the development incentive questions are addressed, Ms. Bailey said, the Town Board then will be asked to take action on the development plan as a whole.  At this point, Ms. Bailey said, staff and the planning board would recommend approval with conditions. 

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

Roger Cameron, 100 Bottlebrush Court – Mr. Cameron said he was concerned about the density of the proposed development.  He said he was concerned that not enough is being done to provide amenities for Bridgewater and that the residents would likely end up using the amenities that have been provided for Arbor Creek.

Patrice Alexander, 112 Wellspring Drive – Ms. Alexander said the 54 lots being planned for the R-10 section of the development and 130 lots in the R-8 section is still too dense.  She said that even though the lot number has been reduced, she still feels that Bridgewater’s having no amenities would adversely affect the homeowners in Arbor Creek.

Ms. Alexander said she would hope the Town would require a buffer zone between the developments and that, ultimately, she would hope the property would not be developed at all.

Linda Brendel, 1125 Creek Haven – Ms. Brendel said she is concerned that the new development would create increased traffic that would adversely impact the residents of Arbor Creek.  She said she and other homeowners would strongly urge the Board to prohibit construction traffic for Bridgewater from using streets within Arbor Creek to access the development site.  She suggested that construction traffic be restricted to using the new access being provided by the developer.

She added that she, too, is concerned that no amenities are planned for Bridgewater and

that residents there would be using those in Arbor Creek.

Bob Blake, Sycamore Creek Drive – Mr. Blake asked if he was correct in thinking that the R-8 zoning would provide for double the density than the original zoning request for the property.

Mr. Spaulding said yes, the R-8 section is proposed for 4.25 units per acre.  The original plan had proposed 2.76 units per acre.

Tom Spaulding, Spaulding & Norris – Mr. Spaulding pointed out that surrounding developments are more dense than the proposed Bridgewater.  He said the goal of the Technical Review Committee, which had worked with the developer prior to the review process, was to protect Arbor Creek by providing transportation in and out of the Bridgewater project and have larger lots adjoining Arbor Creek.  He said the developer had achieved those objectives by placing the R-10 section adjacent to Arbor Creek and by obtaining an easement on which to build a new access into the property from Hwy. 55.

He said Bridgewater features 50% open space and that the developer would be building a greenway trail all along the length of development, including a pedestrian bridge across Middle Creek.  The open space also includes a scenic pond.   He said he heard concerns from those speaking in the hearing that not enough amenities had been planned for Bridgewater.  He said there was space in the development that could be used for picnic shelters, tot lots and a multi-purpose field.

Mr. Bob Blake – Mr. Blake asked if anyone had determined the housing values of the homes that would be built in Bridgewater.  Mr. Spaulding said, no, just lot sizes had been determined because it was a bit early in the process.

Ms. Bailey explained that housing values are not something the Town regulates by ordinance.

Stuart Allen,1142 Gooseberry Drive – Mr. Allen asked the Board what assurances do residents have that the access to 55 will be used by construction traffic and what recourse would the residents have if it is not used.

Commissioners agreed this is important and would be addressed.

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

In discussion, Commissioner VanFossen said he felt architectural requirements would push up the value of homes.  He also noted that the Town Board could attach a condition of approval that an amenity or amenities be provided.

The Town Attorney, however, said the Town Board probably could not require an amenity without enabling legislation.


Mr. Spaulding said the developer would be willing to commit to providing a swimming pool and cabana if they would not be required to show it on the plan until it is determined where it would go.  He said, additionally, the developer would be willing to blockade the stub-out streets until Bridgewater is completely built-out, if this is something the Department of Public Safety would allow.

But when neighbors start moving in, they will want the access, Commission VanFossen said.  He said he was not sure blocking the streets off until the project is totally sold out is the answer, but he’s not sure what the answer is.

Commissioner Atwell said he wants the Board to be specific about restricting construction traffic.

Commissioner Tedder suggested that the Board request the blockade of stub streets during phasing of Bridgewater.

Commissioner Dickson said he feels positive about most aspects of the Bridgewater proposal, but he is against the smaller lots because of results of Tischler study data update that illustrates that most smaller lot sizes are costly to the Town.

Before the Board set out making findings of fact, Commissioner Atwell said he would prefer that another plan taking into account the Board’s concerns be brought to the Board because he was not in favor of supporting the current plan, even if amended.

Commissioner Atwell asked if Finding of Fact No. 1 could be found if the development features so much R-8 land area.

Mr. Schifano answered yes, because the property is zoned R-8.

Commissioner Taylor said the Tischler study data is a valid point, but that this concern needs to be addressed in another area because the subject property is zoned appropriately as an “in-between” area between Arbor Creek at R-10 and Windcrest at R-8.  He said it would not be realistic to expect to see higher-end lot sizes and home values to be placed in the middle.

Action #1:  The Board approved a motion to approve and accept the Findings of Fact and to direct the Town Clerk to record the findings in the minutes for Development Plan Petition #03‑DP‑05 for Bridgewater Subdivision for a Waiver of Regulations of UDO Section 2.05: R‑8 Residential District to allow for the use of Development Incentives in the R‑8 residential zoning district as submitted by Spaulding & Norris, PA.

Findings of Fact approved and accepted by the Town Board:

1)         The use of area properties would not be adversely affected as long as a swimming pool and cabana is provided.

2)         The proposed development will be in compliance with the Minimum Development Requirements set forth in Section 2.09, B.

3)         The proposed development will be in compliance with the provisions of Section 2.09, C., 1.

4)         The proposed development will be in compliance with the Additional Development Requirements set forth in Section 2.09, C., 2.

5)         The proposed development will be in compliance with the applicable project open space requirements set forth Section 7.10 – Open Space Regulations of this UDO.

6)         The proposed development is appropriate to the site and its surroundings.

7)         The proposed development is consistent with the policy statements of the Comprehensive Plan.

8)         The proposed development is consistent with the intent and purpose of this UDO.

Motion By: VanFossen

Second By: Tedder

Vote: The motion carried, 3-2.  Commissioners Atwell and Dickson voted against.

 

Action #2: Having made findings of fact, the Board approved a motion to approve a waiver of regulations of UDO Section 2.05: R‑8 Residential District to allow for the use of development incentives in the R‑8 residential zoning district in conjunction with Development Plan Petition #03‑DP‑05 for Bridgewater as submitted by Spaulding & Norris, PA.

Motion By: VanFossen


Second By: Tedder

Vote: The motion carried, 3-2.  Commissioners Atwell and Dickson voted against.

 

Action #3: The Board approved a motion to approve Development Plan Petition #03‑DP‑05 for Bridgewater as submitted by Spaulding & Norris, PA with the following ten (10) conditions recommended by staff and the Planning Board:

1.  The property shall be annexed into the town limits prior to Construction Drawing approval.

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

3.  Credit will be given only for the area within the public greenway easement based on the linear square footage of the trail to be constructed and a fee‑in‑lieu of open space shall be required for the remaining units.

4.  Fee‑in‑lieu of downstream pump station upgrade will be due for this project.

5.  Fee‑in‑lieu for Middle Creek Interceptor will be due on this project.

6.  Main roadway out to NC55 to be constructed as part of 1st phase developed.

7.  Connector roadway to Windcrest to be part of phase listed as “Phase 4”.  Remove the word “possible” from the roadway label on all sheets.

8.  The following items are to be provided on the first submittal of construction drawings (later in the approval process):

a.  Wetland, Neuse Buffer, and flood plain must be accurately shown on 1st submittal of construction plans

b.   Flood study

c.  Pond Dam study

9.  During the construction drawing process, a preliminary vertical and horizontal alignment for the future Middle Creek crossing including a preliminary span size shall be provided sufficient to record additional right‑of‑way and construction easements needed for this roadway extension.

10.  A swimming pool and cabana is to provided and in service to residents by issuance of 40% of the certificates of occupancy.

During discussion, Commissioner Atwell asked if the Board was absolutely sure it wanted to take action on the existing plan when there could be a chance to edit the plan to reduce the number of R-8 lots.

Motion By: VanFossen

Second By: Tedder

Vote: The motion carried, 3-2.  Commissioners Atwell and Dickson voted against.

 

Ms. Bailey explained that a majority of rezoning requests start with the Comprehensive Plan.  She said she would suggest the Town Board consider updating the Comprehensive Plan to eliminate smaller lot sizes, if the Board so desires.

 

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

8a.  Budget Amendments to the General and Utility Funds- The Board adopted budget amendments to reflect adjustments to the General Fund and Utility Fund due to final figures provided in the Town’s refinancing of debt.  General Fund savings of $64,000 is to be applied to Utilities for the new Town Hall.  Utility Fund savings of $19,000 are to be applied to Retained Earnings Appropriation.   Copies of the budget amendments are incorporated into these minutes as addendum pages.


8b.  Budget Amendment - $4,350 - The Board adopted a budget amendment to the FY 2003‑04 budget in the amount of $4,350 to accept a grant from the North Carolina League of Municipalities for wellness incentives.  A copy of the budget amendment is incorporated into these minutes as an addendum page.

8c.  Rose Ann Walker Condemnation Settlement - The Board received and approved a settlement report of the Rose Ann Walker condemnation action in the amount of $5,394.40 for a 20‑foot sewer easement.

8d.  Special Meeting – This item was removed from the Consent Agenda during Agenda Adjustment.

8e.  CDBG $100,000 Grant Project - The Board adopted project Ordinance 03‑15 and Resolution 03‑21 adopting the program initiation manual for a new $100,000 CDBG rehab grant project.   A copy of Ordinance 03-15 and Resolution 03-21 are incorporated into these minutes as addendum pages.

8f.  Minutes - The minutes of the Board’s regular meeting held on August 19, 2003 were approved. 

 

9a.  Holly Springs High School Athletic Facilities - Mr. Bradley explained to the Board that with the development of the high school comes the opportunity to partner with Wake County Schools and Wake County to improve the athletic facilities at the proposed Holly Springs High School by adding irrigation, lighting, and parking during construction.   Mr. Bradley said that, provided a satisfactory joint use agreement is made, the investment would be an efficient use of funds as the Town gains multiple high-use facilities.

Mr. Bradley said the final HSHS park would have a softball field, six lighted tennis courts, a baseball field with lights and irrigation, and a multi-purpose field big enough for two regulation soccer fields.

Mr. Bradley said that Wake County Schools has estimated these additions to the construction contract would cost $600,000, and Wake County has budgeted $250,000 for these purposes.  Mr. Bradley said town staff recommends that the town commit an investment of $350,000 to make Wake County Public School System aware of the Town’s intentions with a request that funding not be required by Wake County Public School System until 2005 or 2006.

Mr. Bradley pointed out that the Town would be hard pressed to provide all these park facilities for the cost of $350,000, and he added that funds collected from payment-in-lieu of land dedication could be designated for this purpose.

If the upcoming bond referendum on schools is successful, Mr. Bradley said, construction on HSHS is expected to begin in March 2004 and payment would be due upon construction of the facilities.

Commissioner Atwell said he felt like $350,000 seemed like a lot of money for providing lighting and irrigation. He said he felt the Town’s past relationship with WCPSS has been abysmal, and he wanted to know who would bear the burden of maintenance.

Commissioner VanFossen asked how much it cost the Town to light Womble Park.  Mr. Bradley responded that the Town spend $65,000 to light one field.

Commissioners asked what would happen if the construction bids come in higher than anticipated and if the Town could lock in at $350,000.


Mr. Dean said Wake County would come back and ask the Town if it wanted to add to or cut back the project in order to get it into line with the budget. 

Action: The Board approved a motion to commit $350,000 to be used for the Holly Springs High School Athletic Facilities improvements, contingent upon a favorable joint-use agreement with Wake County Public School Systems for public use of the facilities.

Motion By: Tedder

Second By: Taylor

In discussion, Commissioner Atwell asked for protection in the agreement that the $350,000 is based on the plan as proposed and not a lesser plan that may come up in the future.  He said he felt that the interlocal agreement should provide that protection.

Commissioner VanFossen noted that the joint use agreement would have to specify expectations such as if the Town provides lights, the Town athletic programs can use the fields at night when needed.

Mr. Bradley pointed out that even though the Town would be paying only for lights and irrigation, the Town would be getting lighted baseball fields, a lighted multi-purpose field and lighted tennis courts out of the deal.

Vote: Unanimous

 

9b.  Jones Park Construction - Mr. Bradley explained to the Board that Wake County has begun construction of a new entrance and 225-foot baseball/softball field at Jones Park to include irrigation, fencing, drainage, concrete and seeding.  Mr. Bradley said the initial plan was to install lighting for the field, however, the Wake County budget was exhausted. 

Mr. Bradley said that the Town has budgeted $50,000 for restrooms for this facility and recommends that the Town add an additional $85,000 in order to complete the field with lights, scoreboard and walking/riding track.  Mr. Bradley said that this field could be used for other sports such as U8 soccer or lacrosse practice. 

Action: The Board approved a motion to add an additional $85,000 from the Parks Reserve Fund to the existing budget for Jones Park construction project so that the following improvements can be provided: lighting, a scoreboard and a walking/riding track.

Motion By: VanFossen

In discussion, Commissioner Atwell asked if it would cost as much if done later because he would hate to forgo the plans for a community center because the Town cannot afford it because it spent all its money on lighted ballfields.

Commissioner VanFossen said if there were a specific plan in place for the community center, he might agree.

Second By: Tedder

Vote: Unanimous

 

9c.  Greenway Specifications - Mr. Bradley said that the Board has expressed a desire to discuss greenway specifications for the Town.  Mr. Bradley explained to the Board the information members received in packets were standards on what exists today and what is planned for the future.  Mr. Bradley reviewed the following examples of greenway specifications:

1.  All trails which lie within sewer easements will be required to be 10 feet in width, constructed of two (2) inches asphalt base and one (1) inch of I‑2 asphalt.  All other trails will be 8 feet in width.

2.  All bridges will be evaluated individually as to the need for a spanned structure or culvert pipe.  A sealed engineered plan will be required showing a minimum of 10,000-pound capacity and 10 feet in width.


Mr. Bradley said that it will also be recommended that all asphalt trails and sidewalks which are dedicated as public trails be marked as such using a monument of some design that may be installed or incorporated into the trail surface.

Mr. Bradley said the Parks and Recreation Master Plan will refer more comprehensively to this subject when written. With consideration to the value which has been associated to greenways, there would need to be a schedule of construction in regard to completed trails to guarantee the perpetuity of construction in the future, he said.

Consensus:  The Board consensus was that the Town should install or have installed paved asphalt trails wherever possible and use mulch or boardwalk in places where it is not possible or feasible for a paved surface.

 

9d.  Hazard Mitigation Committee - Ms. Thompson said that the Town is beginning the first steps in the process of developing a Hazard Mitigation Plan.  Ms. Thompson said that this plan will be the blueprint for reducing property damage and saving lives from the effects of future disaster and also is required in order for the Town to receive certain types of state and federal disaster relief funds after future disasters occur.

Ms. Thompson explained the plan requires that residents, agencies, organizations, public officials, and town staff be included in the drafting of the plan.  She said there will be 3 stakeholders meetings held before the draft is finalized.  Ms. Thompson asked the Board to endorse the list of committee members recommended for the Hazard Mitigation Plan Committee:

Gina Bobber, director of planning and zoning; Luncie McNeil, director of public works; Len Bradley, director of parks and recreation; Thomas Tillage, director of public utilities; Cecil Pakrer, director of public safety; Ricky Blackmon, director of code enforcement; John Schifano, town attorney; Stephanie Sudano, director of engineering; Kendra Thompson, senior engineer; Glen Myrto, resident and Planning Board representative; Kelly Guess, resident; and Jill Schnake Roeder, resident.

Members of the Board suggested that others in the community be invited to participate as well.  Ms. Thompson agreed and suggested that the Town begin with its initial list of members and add any interested residents as the process progresses.

Action: The Board approved a motion to endorse the Hazard Mitigation Committee members as listed and authorized that the committee begin the development of a Hazard Mitigation Plan for the Town.

Motion By: Tedder

Second By: Atwell

Vote: Unanimous

 

9e.  112 N. Main Street Development Plan 03-DP-07 - Ms. Hobbs explained to the Board the Town has received an application for a development plan that proposes to convert an existing residential structure located at 112 N. Main Street into an office with minimal changes to the property or structure.  Ms. Hobbs said that the site is located on a flag lot connected to North Main Street on the block between Center Street and Earp street behind the Citgo Mini‑Mart. She said the site in question is located in the Traditional Village district and in the Village Activity Center node of the Town’s Ten‑Year Comprehensive Growth Plan. The proposed professional office use is permitted in the TV district and is considered compatible in the VAC node, she said.

Ms. Hobbs said that the existing building is arranged on the site so that the main entrance faces North Main Street.  There will be no modifications to the exterior of the existing building and no additional lighting. The petitioner shows the addition of one red maple to be added to the existing landscaping in the front yard of the lot.

Ms. Hobbs said UDO Section 3.03., B., 3., a. requires that a plaza be installed adjacent to the front of the building on major thoroughfares in the TV district.  Ms. Hobbs explains that this development plan concerns a change of use on an irregularly shaped lot.  She said that the Planning Board formally recommended that the plaza’s installation not be required, and the Staff concurs.

There also was discussion regarding whether or not there was a need to mark the pedestrian walkway leading to the building as the sign might be unsightly.

Action #1: Having determined that the project would qualify for the granting of waivers from the Unified Development Ordinance regarding a plaza to be installed adjacent to the front of a building on major thoroughfares in the Traditional Village district and regarding a requirement that the pedestrian walkway be marked connecting the street to the sidewalk leading to the entrance of the building, the Town Board approved a motion granting the waivers and approving 03-DP-07 for 112 North Main Street as submitted by David Chapman, with the following conditions:

1.  A UDO Permit for Sign Installation shall obtained from the Department of Planning & Zoning prior to the installation of any signage, temporary (including temporary signs erected before and during the construction phase) or permanent.

3.  Engineering staff recommends no curb and gutter be used on the site but reserves the right to require curb and gutter during the construction drawing process if drainage patterns necessitate it.

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

* Drainage patterns and grading plan for the parking area

Motion By: VanFossen

Second By: Atwell

Vote: Unanimous

 

9f.  Ordinance 03-16, Sewer Use Ordinance - Mr. Schifano said the State law is mandating that the Town adopt a “grease ordinance” to require cooking establishments to install grease interceptors and perform certain pre‑treatment activities.  Mr. Schifano said that staff has incorporated a model ordinance in use by local municipalities into the Town’s Sewer Use Ordinance.  Mr. Schifano said that there will likely be additional changes to this ordinance unrelated to the grease treatment provisions in the future, based on comments received by Commissioner Tedder and the Director of Engineering; however, it is necessary that town staff have the authority to mandate the changes provided for in this ordinance as soon as possible. 

Commissioner VanFossen pointed out that the size of grease traps needs to be determined.

Mr. Tillage said the Town’s building inspections department would determine the sizes of grease traps that would be required, based on the size of individual operations.

Action: The Board approved a motion to adopt Ordinance 03-16, an amendment to the sewer use ordinance relating to the treatment, pretreatment and collection of grease and sand solid and to require grease interceptors.


Motion By: Tedder

Second By: Dickson

Vote: Unanimous

A copy of Ordinance 03-16, an amendment to the Sewer Use Ordinance, is incorporated into these minutes as addendum pages.

 

9f.  Bass Lake Restoration and Retreat Center Report - Mr. Bradley reviewed with the Board the progress of the Bass Lake Visitors and Retreat Center.  Mr. Bradley said that the driving of pilings for the foundation for the retreat center has started.  Due to the location of the sewer outfall that runs through the lake bed, he said, the building was relocated further around the shoreline and closer to the woods to maintain the required clearance.  He said March 1, 2004 is the targeted completion date for filling and stocking the lake and completion of the retreat center.  Mr. Bradley said October 25th is scheduled for a volunteer workday and that one other workday will be scheduled later in the fall for preparation of the trails; that he is working with Town staff to finalize the impounding of the lake and that the parking lots around the lake should be completed around November, 2003.  

Mr. Bradley said he is working with an adjacent property owner to the dam who is completing historical research for Bass Lake and who may be interested in working with the town to display the historical data, photos, and artifacts as part of the facility programming. 

Mr. Bradley reported to the Board the possibility of requesting of Wake County that the Town use the proposed Sunset Oaks open space land dedication to match the County’s Open Space land purchase grant funds.   He said that the County may be willing to negotiate this type of proposal, which could lead to the possibility of purchasing additional land adjacent to the lake for future expansion.  The outcome of this proposal should be known by the end of the year, he said.

No action

 

10.  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

 

11.    Other Business:  The Town Board took up the issue of Holly Springs Elementary School’s

placing a chain across the Town easement called School Days Lane.  Mr. Tillage confirmed that he has been issued keys for the lock on the chain and has adequate access to the water tower.  The chain, however, prevents the easement’s from being used as an auxiliary parking area for parents arriving to pick their children up from school.  For security reasons, school officials have said, the chain was installed so that the easement would not be used for auxiliary parking.  This decision has angered some parents who have brought the issue to the attention of town board members.

            In discussion, commissioners agreed that whether or not the chain comes down is not a board decision, but a school decision.  However, they also agreed that the auxiliary parking area has served the school well and has enhanced traffic safety at the school.  In addition, the easement is scheduled to be constructed as an entranceway to Jones Park located behind HSES, so the chain would have to be taken down in a few months anyway.

            The Board consensus was that the Mayor should communicate these points to Wake County Public School System and the Board of Education.

 

8d.  Special Meeting – At this time the Town Board recalled an item from the Consent Agenda that had been removed for discussion.  The Board approved a motion to set a special meeting mini‑retreat to be held at 6 p.m. Wednesday, September 25 and continued to 6 p.m. Thursday, September 26, 2003.

 

12.  Manager’s Reports:  None.

 

13.  Closed Session ‑ None.

 

            At this time, Commissioner VanFossen advised the Board that Progress Energy had clear-cut its easement through a portion of Sunset Ridge and had caused damage to a streambed.  He said he was just providing the information in case it becomes an issue in the next few weeks.

            Commissioner Atwell asked if the Town Hall auxiliary parking lot would be landscaped.  Mr. Dean reported that yes, the landscaping would be provided during the fall planting season.

 

14.  Adjournment - There being no further business for the evening, the Sept. 2, 2003 meeting of the Holly Springs Board of Commissioners was adjourned at 10:45 p.m. following a motion by Commissioner VanFossen, a second by Commissioner Tedder, and a unanimous vote.

 

Respectfully Submitted on Tuesday, Nov. 4, 2003.

                

 

 

  

_________________________________

Joni Powell, CMC

Town Clerk

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