Regular Meeting
The
Council Members Absent: none, after Councilman Pearson arrived.
Staff Members Present: Chuck Simmons, assistant town
manager;
2 and 3.
The Pledge of Allegiance was recited, and the meeting opened with an
invocation by Councilman Womble.
4.
Agenda Adjustment: The
Motion
By: Dickson
Second
By: VanFossen
Vote: Unanimous
Items
Added to the Agenda: None.
Consent
Agenda Items Removed: None.
Other
Changes: None.
5.
Public Hearing: 04-SEU-13, Sonshine
Gymnastics - Mr. Hammerbacher reported that the Town had
received special exception use petition 05-SEU-13 for Sonshine Gymnastics to
allow a gymnastic studio located at 137 Thomas Mill Road.
Mr. Hammerbacher said that the
applicant is proposing to locate a 12,500 -square-foot gymnastic studio on a 4.7-acre site within the
Mr. Hammerbacher said that the plan
is proposing 60 parking spaces, located along the front and side of the
building. He said the front and 25% of
the side facades of the building are proposed to be constructed primarily with
terra cotta colored split face block and accented with a stone colored
Structo-Roc finish along the upper portions of the elevations. He said the remaining surfaces of the side
facades would be finished with Structo-Roc finish while the rear façade would
utilize standing seam metal.
Mr. Hammerbacher said that staff and
the planning board recommend approval with conditions.
With that explanation completed, Mayor Sears opened the
public hearing to accept sworn testimony and qualified evidence. Speakers spoke under oath administered by the
Town Clerk. The following testimony was
recorded: None.
Action #1: The
a. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
b. The proposed use will not injure or adversely affect the adjacent area;
c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town
of
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).
e. Access
drives or driveways are or will be sufficient
in size and properly located to: ensure automotive and pedestrian safety and
convenience, traffic flow as set forth in Section 7.09 – Pedestrian Circulation
and Vehicular Area Design; and, control and access in case of fire or other
emergency;
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;
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;
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;
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,
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.
Motion by:
VanFossen
Second By:
Dickson
Vote:
Unanimous
A copy of the Sonshine Gymnastics
petition 05-SEU-13 and other materials entered into the record by the applicant
addressing the findings of facts are incorporated into these minutes as
addendum pages.
Action #2: Having made findings of fact that the
project meets the requirements to be granted a Special Exception Use, the
Council approved a motion to approve Special Exception Use #05-SEU-13 for Sonshine
Gymnastics as submitted by Arcadia Engineers, revised
1.
A UDO Permit for Sign Installation shall be obtained from the
2.
A UDO Permit for the future pool will be required prior to its
installation. Additional improvements such as landscaping and fencing may be
required at that time.
3. The following items are to be addressed with first
construction drawing submittal:
a. After further evaluation and field
verification of the cross-section on Thomas Mill Road, it was determined that a
27’ btb on 60’ ROW would be sufficient to tie to existing curb and gutter along
this road. Revise plan to reflect this
cross-section dimension on the plan graphically as well as on the detail of the
roadway.
b. In follow-up to first review checklist
comment III.D.2 and second review comment 4, we recommend curb and gutter for
any parking lot area in front of the building.
The east side of the driveway will also need curb and gutter provided.
Motion by:
VanFossen
Second By:
Atwell
Vote:
Unanimous
6.
Consent Agenda: All
items on the Consent Agenda were approved following a motion by Councilman Dickson,
a second by Councilman Womble and a unanimous vote. The following actions were affected:
6a. Minutes - The Council
approved minutes of the
6b. Administrative Rule, AD-13 – The Council adopted
Administrative Rule AD-13, a communications protocol. A copy
of Administrative Rule AD-13 is incorporated into these minutes as addendum
pages.
6c. Budget
Amendment, $210,000 –
The Council adopted an amendment to the
Avent Ferry pump station project budget in the amount of $210,000 to transfer
funds to the from Wastewater Reserves. A copy of the budget amendment is
incorporated into these minutes as an addendum page.
6d. Budget Amendment, $53,580 – The
Council adopted an amendment to the FY 2005-06 budget in the amount of $53,580
to accept insurance proceeds for replacement of the town’s Tiger Vac equipment. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6e. Budget
Amendment, $1,680 – The
Council adopted an amendment to the FY 2005-06 budget in the amount of $1,680
to accept insurance proceeds to cover damage to a fire truck. A
copy of the budget amendment is incorporated into these minutes as an addendum
page.
6f.
6g.
7a.
Mr. Hammerbacher said the lot sizes would
range from 4,542 square feet to 11,632 square feet, with an average lot size of
approximately 7,100 square feet. He said
that Element A of the proposed PUD plan is the area designated as Neighborhood
Edge, which consists primarily of single-family detached homes and open
space. He said the Neighborhood Edge
district also permits accessory dwelling units on the site, provided that the
heated floor area for the accessory dwelling unit does not exceed 50% of the
heated floor area of the primary building.
Mr. Hammerbacher said this portion
of the Main Street Square development is intended to provide a transition from the
existing Somerset Farm and Fairhill subdivisions immediately adjacent to this
project. He said the single-family homes
for this area are intended to reduce the potential impact on the
Mr. Hammerbacher said that staff recommends
approval with conditions and the planning board recommends similar approval
with the exception of the condition regarding resubmission of preliminary plans,
which denotes the location of the proposed greenway easement. The Planning Board’s recommendation is
different because the new plans have been submitted, Mr. Hammerbacher
explained.
Action: The
1.
All
previous PUD conditions associated with the Main Street Square PUD shall also
apply to this Preliminary Plan.
2.
Prior
to Final Plat, the following must be completed:
a.
Payment
of fees-in-lieu of land dedication in the amount of $819/unit.
3.
A
UDO permit for sign installation in addition to all other applicable permits
will need to be secured prior to any sign installation (temporary or permanent).
4.
The
following items need to be addressed prior to 1st construction
drawing submittal for this plan:
a.
Provide
calculations to verify capacity of existing ponds and structural integrity of
the dams.
5.
The
following items are to be addressed prior to construction drawing approval for
this plan:
a.
Provide
documentation of turning radius including graphical documentation showing that
the road geometry will be able to provide functional movement.
b.
The
median shown at the northern corner of this phase as well as the square
cul-de-sac appear to be confusing and difficult to maneuver. Verify that a vehicle classified with WB-40
will be able to access these areas.
Additional information was provided however this will need to be
evaluated further at construction drawing submittal.
c.
Per
developer agreement meeting with developer and the Town, ROW dedication,
construction easements and design of roadway will be required for street stub
to Somerset Farms.
d.
Provide
a note on the plan that reflects the pedestrian connection option mentioned
above in PUD comment 1.j.ii.
e.
Verify
that on-street parking shown on the plan reflects location of all on-street
parking for this area. If not,
construction drawings will need to reflect any additional on-street parking.
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
7b.
Mr. Hammerbacher said that the
remainder of Element B is designated as
Mr. Hammerbacher explained that this
portion of the Main Street Square development is intended to provide a
transition from the less dense Neighborhood Edge district to a denser
Mr. Hammerbacher reviewed the revised
architectural elevations of proposed Element B area with the Council members.
Mr. Hammerbacher said that staff
recommends approval with conditions and the planning board recommends approval with
an additional condition regarding the building materials for the three live and
work units and the resubmission of elevations for all facades in addition to
providing an increased level of detail for building materials and architectural
materials.
Councilman VanFossen expressed concern over the design of
the side elevations, and Councilman Dickson and Atwell agreed.
Councilmen said it was hard to tell from the drawings how
the buildings would be offset and how they would appear from the street because
the character of the buildings does not come through from the drawings.
Tony Sease, engineer on the project, said he understands the
Council’s impressions because the two-dimensional drawings do not adequately
illustrate the depth of the proposed designs.
He said he has photographs of similar projects that he could share.
He addressed the side elevations and agreed that
architectural elements could be added to make them more appealing.
Councilman Atwell noted that one of the conditions
recommended contained a phrase that is a moot point in stating, “Prior to Town
Council action…” He suggested that
Condition No. 1 be removed and that Condition No. 5 be reworded to remove the
opening phrase. The conditions listed in
the motion below reflect these changes.
Action: The
Motion
By: Atwell
Second
By: VanFossen
Vote: Unanimous
7c.
Ms. Stephenson said that staff has
met with the developer of the Harris Teeter site, and they have expressed
interest in completing Phase 2 of the development.
She said the improvements will be full
widening along the frontage and realignment of
Ms. Stephenson said that being this would
be phase one of the design process, the work would include an update of the
previous transportation impact analysis for the Sunset Lake Road and Optimist
Farm Road intersection; meeting with NCDOT and discussing driveways for Phase 2
of the Harris Teeter site development; providing cost opinions; designing the
realignment of Optimist Farm Road; and surveys of the area.
Ms. Stephenson said the second phase
would be bringing the final design before the Town
Action: The
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous
A copy of the Kimley-Horne and Associates,
Inc. proposal is incorporated into these minutes as addendum pages.
7d.
Buckhorn Developer Agreement –
Ms. Sudano said over the past year, staff has been meeting with the
developers of Buckhorn Ridge subdivision (formerly Country Lake Estates) and have
worked out preliminary terms for a developer agreement.
Ms. Sudano said the agreement terms
include requirements for public utility services and parks and recreation items,
including fee credits for infrastructure improvements.
She said about a year ago, the
developer of Buckhorn Ridge subdivision approached the Town about developing
property formerly known as the Country Lake Estates Mobile Home Park as a town
subdivision (Buckhorn Ridge) with public utilities. She said at that time, they were comparing county
versus town development requirements and utility availability. The developer then proceeded with plans to
develop under the County regulations, securing County approval of construction
drawings for phase 1. She said the
developer recently approached the Town about the possibility of public utility
infrastructure for Buckhorn Ridge developing as a
Ms. Sudano explained that at a
previous Council meeting the Town secured ownership of the
·
Development
project plans for phase 1 (previously approved by
·
Development
plans for future phases of the development would be approved with standards
(and exceptions) consistent with the first phase.
·
Dedication
of approximately 13 acres (6 acres in pond, with dam to meet Town requirements)
would meet the requirements for land dedication.
·
A
regional pump station and force main would be installed by the developer to
serve Buckhorn Ridge and all upstream tributary areas. Costs of oversizing the station and force
main would be eligible for fee credits against the sewer capacity replacement
fees due for the project. The developer’s
engineer has estimated the eligible fee credit oversizing costs to be $791,000,
however this information not confirmed by staff – this work is taking place
now. The developer agreement would be
written to insure that actual documented costs are used to calculate the
difference (or eligible credit amount), and to insure that credits issued would
not exceed the amount of sewer capacity replacement fees due for the project.
·
Waterline
will be extended along all development roadway frontages, with oversizing costs
eligible for water capacity fee credits.
·
Developer
will work with
·
Developer
will receive waivers of water acreage fee credits for 190 units on the basis of
water already existing to serve that number of homes (previously paid for by
the developer of the Country Lake Estates mobile home park).
·
Developer
will receive waivers of sewer acreage fee credits for 281 units on the basis of
the sewer treatment plant already existing to serve that number of homes
(previously paid for by the developer of the Country Lake Estates mobile home
park).
Action:
The
Motion
By: VanFossen
Second
By: Atwell
Vote: Unanimous
8.
Public Comment: At this time, an opportunity was provided for members of the audience
who had registered to speak to address the Council on any variety of topics not
listed on the night’s agenda.
Mayor Sears asked Ms. Bobber to explain notices residents
had received regarding zip code changes.
Ms. Bobber explained the zip code modification project,
which was launched to change zip codes in the
Carla McElroy,
9.
Other Business: None.
10.
Manager’s Report: Mr. Simmons reported on water use
restrictions.
Mr. Holland reported that the town
can accept water bill credit card payments online.
Councilman VanFossen reported that
there was a gas leak on
11. Closed
Session: The Council approved a motion to enter into
Closed Session,
pursuant
to G.S. 143-318.11(a)(3) to
discuss with the Town Attorney under the attorney-client privilege specifics in
the matters of ongoing litigation and pursuant to G.S. 143-318.11(a)(5) to discuss terms of a contract.
Motion By: VanFossen
Second By: Womble
Vote: Unanimous
General Account of Closed Session –
In Closed Session, the Council Members discussed a zoning
enforcement matter involving General Concrete.
The Town Attorney updated the Council on negotiations with the property
owner, who has promised to get the site in compliance with the conditions of
its Special Use Permit approval by
The Town Attorney then asked for Council direction on a matter
involving the potential condemnation of land for construction of a street.
The Council received a briefing on economic development
activities.
-- End General Account
Action: The Council approved a motion to return to Open Session.
Motion By: VanFossen
Second
By: Atwell
Vote: Unanimous.
Upon return to Open Session, the
Council briefly discussed the topic of the proposed South Wake Landfill. Mayor
Sears updated the members on discussions that were held during the
He reported that Wake Commissioner
Phil Jeffreys had made a motion that the Wake Board of Commissioners go ahead
and take a vote on whether or not to move forward with the South Wake
Landfill. Commissioner Betty Lou Ward
seconded the motion; however, the motion did not carry.
Mayor Sears reported that most of
the Wake officials did not feel they had enough information at this point to
make such a decision.
12.
Adjournment: There being no further business for
the evening, the
Respectfully
Submitted on
_________________________________
Addendum pages as referenced in these
minutes follow and are a part of the official record